-Maintainability---Suit for recovery of maintenance allowance---Interim maintenance, fixation of---Contention of defendant-father was that...........

 2019 CLC 1635

Ss.5, Sched., 17-A & 14 (3)---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Suit for recovery of maintenance allowance---Interim maintenance, fixation of---Contention of defendant-father was that interim maintenance fixed by the Family Court was exorbitant---Validity---Family Court had jurisdiction to pass interim order for maintenance at any stage of the proceedings in a suit for maintenance---Interim maintenance fixed by the Family Court was too meagre---Defendant had not made bona fide demand for the custody of his minor children---Father of minor children could not expect their mother to keep them as well as to pay all their expenses---Defendant-father was under a legal as well as a moral obligation to maintain and support his children---Impugned order passed by the Family Court was an interlocutory order---Maintenance fixed by the Family Court through impugned order was only temporary in nature---Amount fixed by the Family Court during proceedings of suit for maintenance might be modified and revisited while passing final order---Family Court could increase or decrease the quantum of maintenance after appraising the evidence produced by the parties during the trial---Constitutional petition against order for interim maintenance was not maintainable unless it was coram non judice or based on mala fide---Quantum of interim maintenance could not be made a ground for invoking constitutional jurisdiction of High Court---S.14(3) of Family Courts Act, 1964 did bar appeal or revision against an interim order passed by the Family Court---Aggrieved party could agitate his grievance before appellate forum when the interim order would merged into a final order---Constitutional petition was dismissed in limine, in circumstances.