Law: Constitution of Pakistan, 1973

Section: 199

  Constitution of Pakistan (1973)--- ----Art. 199---Laches---Constitutional petition, maintainability of-- Constitutional petition was filed after more than one and half years from order .of Court below and no plausible explanation was given by petitioner for such inordinate delay---Petitioner contended that no period of limitation having been fixed by law for filing Constitutional petition, his petition could not be dismissed on ground of delay---Contention of petitioner was repelled in view of the fact that Constitutional petition was to be instituted as early as possible by aggrieved person after adverse orders were passed against him---Petitioner having failed to give any sufficient explanation for delay in institution of Constitutional petition, petition which suffered from laches and delay, was liable to be dismissed. Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---No legal infirmity much less jurisdictional defect having been pointed out in order of Court below, Constitutional petition against such order was dismissed. Abdul Majid Gondal for Petitioner. Ch. Muhammad Saleem for Respondent. Date of hearing: 11th April, 1993. JUDGMENT The petitioner Muhammad Suleman and the respondent Mst. Zubaida, were husband and wife. However, Rukhsati of respondent Mst. Zubaida did not take place after the conclusion of their Nikah. She filed a suit for dissolution of marriage against the petitioner. During these proceedings, voluntary compromise took place between the parties on 10-4-1986 whereby the dower amount was .enhanced from Rs.5,000 to Rs.4,00,000. In the result, the respondent went to live in the house of the petitioner as   his wife. After some time, the relations between the parties again became strained and as such she filed another suit for dissolution of marriage which was decreed on the ground of cruelty on 27-6-1989. The contesting respondent also filed a suit for recovery of dower amount of Rs.4,00,000 (Rupees four lacs). In support of the suit, Mst. Zubaida produced Hasan Din P.W.2, Muhammad Rafique P.W.3. She also appeared as P.W.3 In rebuttal, the petitioner/defendant produced Muhammad Ramzan…