Case Details

Citation(s)
2016 SLG 1727 2016 SLD 1727 2016 LHC 905
Lahore High Court
W.P.No. 8482/2016, 17.03.2016
ALI AKBAR QURESHI, J

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Muhammad Ashiq

VS

Rani Bibi Etc.

Law:

Section:

This Constitutional petition assails the judgment and decree dated 16.02.2016 and 12.12.2015, passed by the learned courts below, in a suit for recovery of maintenance allowance filed by the respondents. 2. As per record, the respondent No.2, who has attained the age of majority, filed a suit for recovery of maintenance through her real mother, respondent No.1, against the petitioner on the ground, that respondent No.1 married with the petitioner on 19.01.1990; the marriage was consummated; during subsistence of marriage, relations between the spouses became strained and finally the petitioner divorced the respondent No.1 on 16.09.1991; the respondent No.2 was born after 02 months and 30 days of the divorce of the parties. The matter remained pending for years and decided on 23.09.1997, whereby the suit of the respondents for recovery of maintenance was dismissed. In appeal, the judgment and decree dated 23.09.1997 was set aside by the learned appellate court on 17.02.2000 and the case was remanded to the learned Judge Family Court to decide the case afresh after getting the report of D.N.A test from the Forensic Science Laboratory. The petitioner instead of complying with the order passed by the learned appellate court for D.N.A test, challenged the same before this Court. The case filed by the petitioner was dismissed, against which the petitioner approached to the Hon'ble Supreme Court of Pakistan but remained failed and by this way, the judgment and decree dated 17.02.2000, whereby the case was remanded to the learned trial court and the petitioner was directed for D.N.A test, remained intact. On the other hand, the respondent No.1 went to the Punjab Forensic Science Laboratory, provided her blood sample but the concerned authority of the Laboratory made a report, that for comprehensive report, the blood sample of the petitioner is required. For this purpose, the matter remained pending till 12.12.2015 and the petitioner always lingered on the matter on one pretext or the other, therefore, the learned Judge Family Court having no other option decreed the suit in the following manners: "On the other hand plaintiffs had went to Punjab Forensic Science…
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