Decree of Maintenance Allownce Case Laws 2016 CLC 81 LHC, Ss. 14 & 17-A—-Constitution of Pakistan, Art. 199—Constitutional petition—Suit for maintenance —Appeal—Appellate court upheld decree of maintenance of rupees thirty-five hundred per month on ground that no appeal was maintainable against maintenance for less than rupees five thousand—Validity—maintenance as a whole would determine pecuniary jurisdiction of appellate court—Under S.17-A of West Pakistan Family Courts Act, 1964, if defendant had failed to pay interim maintenance fixed by trial court, then not only right of defense could be struck off but decree could also be passed—Appellate court had incorrectly found that order of maintenance passed by Family Court was interim order under S.14(3) of West Pakistan Family Courts Act, 1964, therefore no appeal could be preferred against the same—High Court, setting aside impugned judgment and decree, directed appellate court to decided appeal on merits—Constitutional petition was allowed in circumstances.
Lawkidunya
30/01/2025
