Case Details

Citation(s)
2011 SLG 766 2011 SLD 766 2011 CLC 1526
Lahore High Court
Writ Petition No.21697 of 2009, decision dated: 24-01-2011
UMAR ATA BANDIAL, J

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FAISAL HAYAT

VS

ADDITIONAL DISTRICT JUDGE, JHANG and 2 others

Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched. & S.14---Constitution of Pakistan, Art.199---Constitutional petition---Suits for maintenance amount and restitution of conjugal rights---Maintenance amount Rs.3000 payable by defendant husband to his plaintiff wife as determined by the Family Court was increased by Appellate Court below to Rs.5000---Appellate Court by same reversed decree of restitution of conjugal rights passed in favour of the defendant by the Family Court on the ground Oat defendant did not take such plea in his written statement---Validity---Defendant took such plea in the written statement on the basis of which issue in that respect was framed and evidence was recorded---Finding given by the Appellate Court on that point, in circumstances, was contrary to the record which was set aside by High Court---Remaining of the Appellate Court was ordered to stand and the parties would be entitled to seek enforcement of their rights given in the raid . Ch. Shahid Tabassam for Petitioner. Rana Ijaz Ahmad for Respondent. ORDER UMAR ATA BANDIAL, J.--- Learned appellate court in…
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