| Citation(s) |
|---|
| 1970 SLG 3203 1970 SLD 3203 = 1970 SCMR 845 |
Supreme Court of Pakistan
Petition for Special Leave to Appeal No. 23-D of 1970, decided on 18th June 1970.
Presented By: Hamoodur Rahman, C. J. and M. R. Khan, J
A. T. Saadi, Advocate Supreme Court instructed by T. Hossain, Advocate-on-Record for Petitioner. Nemo for
Respondent.
Petition for Special Leave to Appeal No. 23-D of 1970, decided on 18th June 1970.
Presented By: Hamoodur Rahman, C. J. and M. R. Khan, J
A. T. Saadi, Advocate Supreme Court instructed by T. Hossain, Advocate-on-Record for Petitioner. Nemo for
Respondent.
ABDUL MANNAN-Petitioner
VERSUS
SAFURAN NESSA-Respondent
Law: Muslim Family Laws Ordinance, 1961
Section: 7
(On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 9th March 1970, in Criminal Revision No. 203 of 1970). Muslim Family Laws Ordinance (VIII of 1961). S. 7(1), (3) Divorce No notice of divorce given to Chairman, Local Union Council-Divorce not effective. Date of hearing : 18th June 1970. JUDGMENT M. R. KHAN, J.-The petitioner married the respondent and got a child by that marriage. The respondent made an application under section 488 of the Code of Criminal Procedure for her maintenance and the maintenance of the child. Mr. S. M. Hossain, Magistrate of the First Class, Narayanganj allowed a monthly maintenance of Rs. 40 to the respondent and a further monthly maintenance of Rs. 20 for the child. This order granting maintenance was challenged by the petitioner in Criminal Revision No. 203 of 1970. A learned Single Judge of the High Court of East Pakistan dismissed the criminal revision. The petition for special leave is directed against the order of the High Court. It is contended on behalf of the petitioner that the petitioner's marriage with the respondent was dissolved by divorce and that this dissolution was effected with the consent of the respondent. This plea was also raised before the learned Judge of the High Court, but he found that no notice of the alleged divorce…