1178/2019 Const. P. Abdul Hayee S/o Allah Bux Dhamrah (Petitioner) V/S Mst. Haleema and another (Respondent)

1178/2019 Const. P. Abdul Hayee S/o Allah Bux Dhamrah (Petitioner) V/S Mst. Haleema and another (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar(Author) Order Date: 19-FEB-20

Family Courts Act (XXXV of 1964)--- ----Ss. 17-A & 14---Suit for maintenance---Interim order---Scope---Petitioner assailed by Constitutional petition, order passed by Judge Family Court whereby he, on an application under S.17-A of Family Courts Act, 1964, was directed to pay maintenance to the respondent/wife till she rejoined him---Validity---Interim order was not an appealable order---Legislature, while denying the appeal against interim order, did not mean that the aggrieved person could approach the High Court under Art.199 of the Constitution and against final order could file an appeal before the court subordinate to the High Court---Entertaining a constitutional petition in ordinary case against interim order, which was neither without jurisdiction nor contrary to law, would defeat the very purpose of not providing appeal against interim order---Aggrieved party had to wait for final order and after final order, he could impugn both the interim and final order in appeal before the appellate court---Constitutional petition was dismissed.