Right of appeal from the interim order

The contention of the learned counsel for the appellant that where appeal lies only against the final order a Constitution petition challenging the interim orders can yet be maintained is erroneous. In the Lahore case PLD 1990 Lah. 352 relied upon by the learned counsel for the appellant itself where a final order was passed pending proceedings in the Constitutional jurisdiction it was held that jurisdiction stood barred final order having come in the field.

It was further held:- The statute excluding a right of appeal from the interim order cannot be passed by bringing under attack such interim orders in Constitutional jurisdiction. The party affected has to wait till it matures into a final order and then to attack it in the proper exclusive forum created for the purpose of examining such orders

1996 SCMR 1165

Used in Judgment of
Lahore High court
Case Law no.

2018 LHC 1173

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Past Maintenace limitation

section 5 Limitation Act 1908

Article 120, 199 Constitution of Pakistan

Suit for maintenance for four year till the period of iddat – appellate court upheld the judgment of trial court – defendant contended that past maintenance allowance could not be granted for more than a peiod of three years – validity – defendant remained out of country during last five years of marriage leaving behind the family and visited the country only twic – nothing was brought on record to unsettle the factual controversies and the findings of the courts below – No period of limitation was prescribed under the limitation Act 1908 filing suit for maintenance allowance and was governed by article 120 of the limitation Act 1908 which provided period of six years for filing and suit for which no period of limitation was prescribed – constitutional petition was dismissed for being within merit.

2011 MLD 1012 Lahore

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Interim maintenance order fixing allowance

Section 17A and 12A of West Pakistan Family Court Act 1964

Interim maintenance order fixing allowance – time period for which such interim order would remain valid – scope joint reading of section 17A and 12A of West Pakistan Family Courts Act 1964 reveled that when Family Court was made competent to pass an interim order for payment of maintenance allowance, it was also made incumbent upon the Family Court to dispose of the case pending before it within a period of six months from the date of institution – order passed under section 17A of the Wets Pakistan Family Court Act 1964 would be, at most effective by virtue of section 12A for final disposal of a lis pending before Family Court- when the maximum age expired, continuation of proceedings before Family Court violate provision of section 12A of the said Act- age of an order passed under section 17A of West Pakistan Family Courts Act 1964 for interim maintenanec would at maximum be six months and if porceedings were not concluded within such time in the main suit wherein interim order was passed, the Family Court should not insist upon the implementation of the order of interim maintenance – High Court observed that family Court had to report to the High Court for non implementation of section 12A of West Pakistan Family Court Act 1964 or in case of failure of Family Court to do so, either party would have a right to bring to notice of High Court such illegality being continued in the Family Court and High Court shall then either under prosio to section 12A of the said Act or under Article 199 of the Constitution pass appropriate order and reconsider quantum of maintenance

PLD 2013 Lahore 64 

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