| Case ID |
0a6a390d-0547-4255-9af1-5025ed042846 |
| Body |
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| Case Number |
W.P. No. 107664 of 2017 |
| Decision Date |
Nov 20, 2017 |
| Hearing Date |
|
| Decision |
The constitutional petition was dismissed as the petitioner had not shown any illegality or irregularity in the order passed by the Family/Executing Court. The petitioner had previously accepted the validity of the ex parte decree by making a payment that indicated satisfaction of the decree. The court emphasized that remedies were available through appeal against the ultimate order, not through constitutional jurisdiction against interim orders. The ruling reinforced the legislative intent that prohibits appeals against interim orders, thereby preserving the integrity of the Family Courts Act. |
| Summary |
In the case before the Lahore High Court, the petitioner challenged an order from the Family Court that dismissed his application to set aside an ex parte decree regarding maintenance allowance. The petitioner argued that he had made a substantial payment, indicating acceptance of the decree's validity. However, the court highlighted that the petitioner had failed to provide sufficient grounds for the constitutional petition, as the law explicitly prohibits appeals against interim orders. This ruling is significant as it clarifies the limitations of constitutional jurisdiction in family law cases and emphasizes the importance of adhering to legislative provisions. The decision serves as a reminder of the proper channels available for seeking redress in family court matters, reinforcing the notion that parties must exhaust available remedies before seeking constitutional relief. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Jawad Hassan
|
| Lawyers |
Haq Nawaz Japal
|
| Petitioners |
Muhammad Shamas-ul-Haq
|
| Respondents |
Mst. Fauzia Parvin and Others
|
| Citations |
2018 SLD 548 = 2018 MLD 496
|
| Other Citations |
Aman Ullah Khan v. District Judge and 3 others 2012 CLC 679,
Syed Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary S&GAD, Karachi and others 1996 SCMR 1165,
Muhammad Sabir v. Mst. Azra Bibi and 2 others 2011 CLC 417
|
| Laws Involved |
Family Courts Act, 1964
|
| Sections |
14
|