Case Details

Citation(s)
1999 SLG 554 1999 SLD 554 1999 SCMR 2631
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1801-L of 1998, decision dated: 1st December, 1998.
IRSHAD KHAN, SH. IJAZ NISAR AND CH. MUHAMMAD ARIF, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

ABDUL GHAFOOR

VS

JUDGE, FAMILY COURT and others.

Law:

Section:

West Pakistan Muslim Family Laws Ordinance (VIII of 1961)--S. 8---Constitution of Pakistan (1973), Arts. 185(3) & 199---Constitutional petition---Dissolution of marriage on ground of Khula' ---Suit for dissolution of marriage by wife on ground of Khula' was dismissed by Family Court---High Court in its Constitutional jurisdiction after reappraising evidence concluded that Family Court had completely ignored evidence which had clearly established that parties could not live within limits prescribed by God and set aside of Trial Court, dissolved marriage to save parties from violating limits prescribed by God---Contention of husband was that High Court, in exercise of its Constitutional jurisdiction was not competent to substitute its own findings for that recorded by Family Court even if it had come to the conclusion after appraisal of evidence that Trial Court had misread evidence---Validity---Wife having expressly stated before High Court that she had developed hatred against husband and wife stuck to her earlier position even before Supreme Court--­Case therefore, was not fit for interference by Supreme Court with of High Court which though suffered from defect as contended by husband. Sardar Mohabbat Ali Dogar, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 1st December, 1998. JUDGMENT IRSHAD HASAN KHAN, J.---This petition for leave to appeal is directed against the judgment dated 23-9-1998, passed by Lahore High Court, Lahore in Writ Petition No. 18086 of 1996, arising out of a family cause for Khula, filed by respondent No. 2 herein against the petitioner. 2. A suit was filed by respondent No.2, for dissolution of marriage on the ground of cruelty, non-payment of maintenance and Khula. The learned Judge, Family Court, Lahore, in view of the pleadings of the parties, issues framed thereunder and the evidence led by them, dismissed the suit vide judgment dated 1-10-1996. 3. Being aggrieved with the above judgment and decree, respondent No.2 moved a Constitutional petition before the High Court. The learned Judge in Chambers, after reappraising the evidence came to the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492