Section 17(a) of the Family Court Act 1964 pertains to interim maintenance in family court proceedings. It outlines the following key points:
Interim Maintenance:
This section mandates that when the defendant (the person against whom a maintenance claim is made) appears before the family court, the court is required to determine and fix the monthly maintenance amount to be paid by the defendant to the minor child or the wife who is seeking maintenance.
Payment Deadline:
The defendant is instructed to make the specified monthly maintenance payments by the 14th day of each month. This ensures the financial support of the minor child or the wife during the legal proceedings.
Consequences of Non-Payment:
If the defendant fails to make the interim maintenance payments, the family court has the authority to strike off the defendant's right of defense. This means that the defendant may lose the opportunity to present a defense in the ongoing suit for maintenance.
Protection of Cross-Examination Right:
Even if the defendant's right to present a defense is struck off due to non-payment of interim maintenance, their right to cross-examine the plaintiff (the person seeking maintenance) is still protected. This ensures a fair and thorough examination of the case.
Appeal for Dismissed Interim Maintenance Application:
In cases where the plaintiff's application for fixing interim maintenance is dismissed by the court, it is considered a decision, and this decision can be appealed under Section 14 of the West Pakistan Family Court Act 1964.
Conclusion:
In summary, Section 17(a) of the Family Court Act 1964 establishes procedures for determining interim maintenance payments, sets deadlines for payment, and outlines the consequences for non-payment by the defendant. It also highlights the importance of protecting the defendant's right to cross-examine the plaintiff and provides a recourse for appeal if the plaintiff's application for interim maintenance is dismissed.