| Citation(s) |
|---|
| 2015 SLG 2703 2015 SLD 2703 2015 PLJ 179 |
Lahore High Court
W.P. No. 1763 of 2014, decided on 10.4.2014.
MAHMOOD AHMAD BHATTI, J.
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W.P. No. 1763 of 2014, decided on 10.4.2014.
MAHMOOD AHMAD BHATTI, J.
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SOHAIL SARWAR
VS
JUDGE FAMILY COURT, DISTRICT MULTAN and 8 others--Respondents
Law:
Section:
Family Courts Act, 1964 (XXXV of 1964)-- ----S. 14--Constitution of Pakistan, 1973, Art. 199--Constitutional Petition--Misconception of facts--Entries made in nikah nama--Production video regarding marriage ceremony--Contents of video may be added--Inserted or deleted by making use of modern software--Authenticity of a video--Maintainability of writ petition--Probably, due to such confusion, petitioner has filed writ petition to assail order passed by trial Court, proceeding as he did on assumption that an appeal was not maintainable against an interlocutory order under Section 14 of Family Courts Act, 1964 and that his only remedy was to file a writ petition--Petitioner did not avail of his remedy before District Judge, by filing a revision petition against impugned order--In no case could he be allowed to bypass a forum available to him--Writ petition under Art. 199 of Constitution only if he does not have any other efficacious and adequate remedy--In face of alternative remedy available to petitioner, instant petition filed by petitioner is misconceived and is liable to be dismissed on that score alone--Even if law permits such evidence to come in Court is to be cautious and wary of admitting it in evidence, in routine--It is to exercise caution before allowing production of such evidence, which may so easily be manufactured and fabricated. [Pp. 182 & 183] A, B & C Order Through this petition, the petitioner has assailed the validity of the order dated 21.01.2014 passed by learned Civil Judge, Multan, whereby the application moved by the petitioner/plaintiff for bringing in an amendment to the list of reliance annexed to the plaint in a suit for declaration instituted by him was partially dismissed. 2. The facts, in brief, are that the petitioner instituted a suit for declaration, contending that the purported entries made in Columns Nos. 13, 14, 17 & 18 of Nikah Nama dated 25.02.2011 are bogus and the outcome of fraud and misrepresentation. On the basis of these averments, a declaration was sought that the same were not binding upon the petitioner and ineffective upon his rights. 3. Mst. Nadia Kausar, Respondent No. 2 herein put in an appearance…
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