SYED AKHLAQ AHMAD, J.---The dispute in this writ arises out of a pending suit for recovery of dowry articles valuing Rs,3,50,000 under the West Pakistan Family Courts Act, 1964 filed, by respondent No, l/Azra Bibi against the petitioner/defendant in which his defence was struck off on 9-7-2Q10 and the case was adjourned for evidence of the respondent No, 1/plaintiff. This order was challenged by the petitioner/defendant by filing a revision which was dismissed by the Additional District Judge on 20-9-2010 on the ground that no appeal or revision is competent against the interim order.
2. Learned counsel for the petitioner contends that under section 14(3) of the West Pakistan Family Courts Act, 1964, no appeal or revision is maintainable against the interlocutory order. This being so, only a writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan is competent.
3. The contention of the learned counsel for the petitioner is without any force. Admittedly under section 14(3) of the Family Court Act, no appeal or revision is competent against the interlocutory order passed by the Family Judge. Likewise an interim order of the Family Court also cannot be legally challenged before the High Court through the writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan. If any authority is needed, reference may be made to S. Azharul Hassan Naqvi v. Mst. Hamida Bibi and 2 others (1979 CLC 754) and Muhammad Akram v.
Mst. Raheela Aslam and 2 others (PLD 1999 Lahore 33).
4. Be that as it may, the petitioner is not without any remedy in as much as, if a decree is ultimately passed against the decision or the decree wherein he may challenge the interim order, if he so desires.
' In view of above, the writ petition filed by the petitioner is not maintainable and the same is dismissed in limine.'