| Citation(s) |
|---|
| 1999 SLG 1013 1999 SLD 1013 1999 CLC 1544 |
Sindh High Court
Constitutional Petition No.S-464 of 1998, decision dated: 25-01-1999
S. SAEED ASHHAD, J
Raja Qureshi and Miss Masooda Siraj for Petitioner. Mubarak H. Siddiqui for
Respondents
Constitutional Petition No.S-464 of 1998, decision dated: 25-01-1999
S. SAEED ASHHAD, J
Raja Qureshi and Miss Masooda Siraj for Petitioner. Mubarak H. Siddiqui for
Respondents
SAAD AMANULLAH KHAN-
VS
AYESHA TAHIR SHAFIQUE and another
Law:
Section:
(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 14---Constitution of Pakistan (1973), Art.199---Constitutional petition--Scope---Maintainability---Appeal could be filed against a decision given or a decree passed by a Family Court---No second appeal had been provided in the West Pakistan Family Courts Act, 1964---Such decree or decision, however, could be challenged in Constitutional petition---Interlocutory order or orders which did not finally decide the subject-matter in dispute; an order which did not suffer from any illegality, mala fide or was not in excess of jurisdiction or in lack of exercise of jurisdiction or was not based on misreading, misconstruing or discarding of the evidence and material on record could not be challenged in Constitutional petition. Syed Shaukat Abbas v. Mst. Bushra Rani and another PLD 1982 Lah. 281; Muhammad Ishaque v. Chaudhry Ahsan Ahmed and another PLD 1975 Lah. 1118 and Rao Muhammad Awais Qanni v. Mst. Tauheed Aisha and others 1991 MLD 1097 ref. (b) Contempt of Court--- ---- Trial Court was directed not to pass final order---Order passed by Trial Court was interlocutory in nature---Trial Court, held, did not commit any contempt of Court. ORDER This Constitutional petition has been filed against the order of IInd Additional District Judge, Karachi (South), dated 21-11-1998 in Family Appeal No.45 of 1998 between the petitioner and respondent No.l, wherein the following reliefs have been prayed:---------- "(a) Declare that the impugned order passed by the learned respondent No.2 in respondent No.l's Family Appeal No.45 of 1998 is illegal, of no legal consequence and has been passed without lawful authority. (b) Declare that the learned respondent No.2 is not competent to pass any order and/or interim order on respondent No.l's application for suspension of the Honourable Supreme Court's consent order, dated I8-6-1996. (c) Restrain the learned respondent No.2 from passing any order whatsoever on respondent No.l's application for suspension of the Honourable Supreme Court's consent order, dated 18-6-1996 and/or from suspending, modifying, altering and/or varying the operation of the said consent order, dated…
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