Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Constitution of Pakistan (1973)--Art. 185(3)--Petitioner's pica that respondent's appeal before First Appellate Court was barred by time and in that score was liable to be dismissed, would not be ground for leave to appeal, because delay in filing appeal had been condoned by that court and such order had not been challenged by petitioner before High Court. (b) Muslim family Laws Ordinance (VIII of 1961)-- ___S.6-Constitution of Pakistan(1973) Art 185(3)-leave to appeal was granted to consider whether alleged husband of petitioner being a lawyer and engaged in litigation with her sister could have married with petitioner without getting divorce from her pro6ous husband and thus to have made him vulnerable with charge of bigamy, coupled with the fact that petitioner's previous husband had not taken any action to contest or raised any protest over the marriage of his wife with another person and that as a result of finding of First Appellate Court and High Court four children of petitioner had become illegitimate, thus rendering re-appreciation of evidence necessary. Bashir Ahmad Ansari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Manzoor Ilahi, Advocate-on-Record for Respondents. Date of hearing- 1November, 1998. ORDER SAAD SAOOD JAN, J.--One lbadullah Akhtar was owner of a house in Bagh Muhallah, Jhelum. He died on 30-12-1959. He was survived by his son Kiramatullah and a daughter, Mst. Mahmooda Akhtar. In September 1962, Mst. Mahmooda Akhtar filed a suit for partition of the house. A preliminary decree was passed by the trial Court on 2-11-1962. Before the final decree could be passed, Kiramatullah died. The trial Court impleaded Mst. Saadat Begum and Naz Akhtar as widow and daughter, respectively, of Kiramatullah in his place. 2. The petitioners before us are Mst. Kausar lqbal and her children. They moved an application before the trial Court for also being impleaded as parties to the suit. Their case was that Mst. Kausar lqbal was also married to Kiramatullah and that the other petitioners were her children from her late husband. She further alleged that Mst. Saadat Begum had been divorced by Kiramatullah. This…

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