| Citation(s) |
|---|
| 2011 SLG 2074 2011 SLD 2074 2011 YLR 266 |
Lahore High Court
Writ Petition No. 21470 of 2010, decided on 8th October, 2010
SYED AKHLAQ AHMAD, J
Muhammad Aslam Zar for Petitioner
Writ Petition No. 21470 of 2010, decided on 8th October, 2010
SYED AKHLAQ AHMAD, J
Muhammad Aslam Zar for Petitioner
Mst. TAHIRA PERVEEN
VS
Syed HASNAIN RAZA GILLANI and another
Law:
Section:
(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched., Ss.9(2) & 14(3)---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Suit for dissolution of marriage, maintenance, recovery of dower etc.---Appeal against order of Trial Court accepting defendant's application for producing documents---Validity---No appeal or revision was competent against interlocutory order of Family Court under S.14(3) of West Pakistan Family Courts Act, 1964---Interim order of Family Court could not be challenged in High Court in constitutional jurisdiction under Art.199 of the Constitution either---Constitutional petition was, therefore, dismissed in limine. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 14(3)---Scope and application of S.14(3) of West Pakistan Family Courts Act, 1964---No appeal or revision was competent against interlocutory order of Family Court under S.14(3) of West Pakistan Family Courts Act, 1964. PLD 1975 Lah. 318 ref. S. Azharul Hassan Naqvi v. Mst. Hamida Bibi and 2 others 1979 CLC 754 and Muhammad Akram v. Mst. Raheela Aslam and 2 others PLD 1999 Lah. 33 rel. ORDER SYED AKHLAQ AHMAD, J.--Through this writ Mst. Tahira Perveen/ petitioner/plaintiff has challenged the validity of the order dated 24-9-2010 passed by the learned Judge Family Court Lahore whereby he accepted the application moved by Syed Hasnain Raza Gillani/respondent No.1 for producing Cheque No. P-039832, Account No. 1675-0 of National Bank of Pakistan, Cantt. Road Building Branch, Rawalpindi, in favour of the respondent/ defendant as surety and order dated 22-5-2009 passed by the Arbitration Council. It is prayed that the impugned order dated 24-9-2010 be set-aside being illegal and without jurisdiction. 2. Brief facts of the case are that on 17-6-2009 the petitioner/plaintiff filed family Suit No. 475 of 2009 for dissolution of marriage, maintenance, recovery of dower, return of dowry, recovery of pocket money and recovery of Rs.3,50,000 against the respondent/defendant. He contested the suit by filing the written statement. Issues were framed and the parties adduced their evidence. In the written statement respondent No.…
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