| Citation(s) |
|---|
| 2015 SLG 1152 2015 SLD 1152 2015 PLJ 599 |
Lahore High Court
W.P.No. 14503 of 2013, decision & hearing Dated: 17.03.2014.
MAHMOOD AHMAD BHATTI, JUSTICE
Mr. Aftab Hussain Malik, Advocate for Petitioner. Mr. M. Saddique Bhatti, Advocate for
Respondent No. 2.
W.P.No. 14503 of 2013, decision & hearing Dated: 17.03.2014.
MAHMOOD AHMAD BHATTI, JUSTICE
Mr. Aftab Hussain Malik, Advocate for Petitioner. Mr. M. Saddique Bhatti, Advocate for
Respondent No. 2.
DILDAR HUSSAIN ALIAS DILBAR
VS
JUDGE FAMILY COURT, SUB-DIVISIONAL COURTS, TEHSIL CHICHAWATNI, DISTRICT SAHIWAL AND ANOTHER
Law:
Section:
Constitution of Pakistan, 1973-- ----Art. 199--Family Courts Act, (XXXV of 1964), S. 17--Civil Procedure Code, (V of 1908), O. VI, R. 17--Constitutional petition--Suit for jactitation of marriage--Restrained from calling as her wife--Application seeking to incorporate number of amendments in written statement was dismissed--Challenge to--Maintainability--Interim order cannot be challenged either in appeal or by filing writ petition--Misconceived and untenable--Conflicting claim made by parties to suits--Validity--It is well-settled that details of documents on which case of a party rests need not be spelled out in pleadings--Pleadings of parties call for no further elucidation--Provisions of Order VI Rule 17, CPC providing for amendment(s) to pleadings are not in terms applicable to family suits--Petition was dismissed. THIS ORDER PASSED BY: MAHMOOD AHMAD BHATTI, JUSTICE---.--- Through this petition, the petitioner has assailed the order dated 05.10.2013 passed by learned Judge Family Court, Chichawatni, District, Sahiwal. 2. The facts, in brief, are that Mst. Nadia Anwar, Respondent No. 2 instituted a suit for jactitation of marriage, contending therein that she was abducted by Imran and others, who confined her to a house and she was made to sign various papers. The case FIR No. 371/2011 was registered against the accused at P.S. Sadar Chichawatni, District, Sahiwal. She prayed that Dildar, the petitioner herein, be restrained from calling her as her wife. In short, she prayed for a decree forjactitation of marriage. 3. The petitioner herein entered appearance, filed written statement, controverting all the assertions made by Mst.Nadia Anwar, Respondent No. 2 herein. It was insisted by him that she had entered into the contract of marriage with him with her free consent and of her own accord. In a word, he traversed all the allegations made by the plaintiff against him. 4. While the trial of the suit was under way, the petitioner herein moved an application seeking to incorporate a number of amendments in various Paragraphs of the written statement filed by him. The plaintiff filed the reply thereto and after listening to the arguments advanced by the learned…
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