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Constitution of
Pakistan 1973 S. 14---Civil Procedure Code (V of 1908), O.Vll, R.11 ---
Constitution of Pakistan (1973), Art.199---Constitutional
petition---Maintainability---Interim order passed by Family
Court---Validity---Respondent (wife) filing suit for dissolution of
marriage exercising her right of option of puberty---Petitioner (husband)
filing application under O.VI1, R.11, C. P. C. for rejection of plaint on
the strength of registered nikahnama slowing
that her Ntkah was not performed during .her minority---Family Court
dismv,5ing such application on ground that application under O.VII, R.Y11,
C.P.C was not maintainable in family suit--Such interlocutory order
challenged in Constitutional petition---Held, S.14 of West Pakistan Family
Courts Act, 1964 provided for an appeal and excluded right of appeal
against interim order---Any statute which excludes right of appeal against
an interim order could not be bypassed by assailing the same through
Constitutional petition. (p. 433) A Mst. Basra v. Abdul Hakim and others
PLD 1986 Quetta 298 and Mst. Zohran Bibi v. Manzoor Ahmad and others PLD
1975 Lah. 318 ref.
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