Law: Constitution of Pakistan, 1973

Section: 185(3), 14,9, 14, 25, 35

Law: Muslim Family Laws Ordinance, 1961

Section: 5

  Summary The Supreme Court dismissed a civil petition for leave to appeal under Article 185(3) of the Constitution against the Lahore High Court's upholding of lower courts' decisions decreeing jactitation of marriage in favor of the respondent (a young woman alleging sexual assault by her paternal uncle, the petitioner) and dismissing the petitioner's suit for restitution of conjugal rights. No valid Nikah was proven due to lack of registration and evidence, despite the petitioner's claims. The Court refused to re-appraise concurrent factual findings, imposed exemplary costs of Rs. 1,000,000 on the petitioner for frivolous litigation, and affirmed the petitioner's obligation to maintain the minor child he was declared to have biologically fathered, prioritizing the child's welfare regardless of marital legitimacy. Core Points Respondent filed suit for jactitation of marriage; petitioner countered with suit for restitution of conjugal rights, claiming a Sharia Nikah on 03.04.2020. Lower courts (Family Court on 17.04.2023, Appellate Court on 29.05.2023) and High Court (26.11.2024) concurrently found no valid Nikah proven via reliable evidence, including unregistered Nikahnama. Petitioner is respondent's paternal uncle, married to her paternal aunt; alleged marriage violates prohibited degrees and lacks divorce proof from prior wife. Biological paternity of petitioner's minor child with respondent established; father obligated to provide maintenance based on child's welfare, not legitimacy. Supreme Court declined interference under Article 185(3), as no perversity, jurisdictional error, or miscarriage of justice shown. Petition dismissed with Rs. 1,000,000 exemplary costs to deter vexatious litigation and compensate respondent's hardship. Criminal allegations (e.g., sexual assault) left for separate proceedings; emphasized child welfare under constitutional and international law (CRC).   Law And Section Law/Document Section/Article Key Reference/Principle Constitution of Pakistan, 1973 Article 185(3) Jurisdiction for leave to appeal; no re-appraisal of concurrent evidence unless perverse or miscarriage of…