| Citation(s) |
|---|
| 1998 SLG 608 1998 SLD 608 1998 SCMR 954 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.379 of 1995, decision dated: 15-11-1995
AJMAL MIAN AND FAZAL ILAHI KHAN, JJ
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Civil Petition for Leave to Appeal No.379 of 1995, decision dated: 15-11-1995
AJMAL MIAN AND FAZAL ILAHI KHAN, JJ
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ABDULLAH-
VS
Mst. ABIDA and another
Law:
Section:
West Pakistan Family Courts Act (XXXV of 1964)--S. 5 & Sched.---Constitution of Pakistan (1973), Art. 185(3)=--Dissolution of marriage on ground of Khula'---Finding rendered by Family Court was maintained by High Court in dismissing husband's Constitutional petition against and decree of Family Court---Validity---Petition for leave to appeal was barred by time by 35 days and ground for delay, that petitioner had undergone eye operation seemed to be not sufficient for operation was carried out prior to expiry of period of limitation for filing petition for leave to appeal--On merits too, there seemed to be no infirmity in reasoning of High Court in upholding finding of Trial Court---High Court was justified in not pressing into service its Constitutional jurisdiction involving determination of question of fact which was competently concluded by Family Court, inter alia, on basis of admission of petitioner in cross-examination---Petition for leave to appeal was without merits---Leave to appeal was refused in circumstances. Muhammad Nawaz Abbasi, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 15th November, 1995. ORDER AJMAL MIAN. J.---This is a petition for leave to appeal against the judgment dated 24-4-1995 of a learned Single Judge of the Lahore High Court passed in Writ Petition No.2816 of 1993, filed by the petitioner assailing the judgment/decree dated 24-6-1993 of the learned Judge Family Court, Jampur dissolving the marriage between the petitioner and respondent No. l on the ground of Khula' dismissing the same. The petitioner has, therefore, filed, the present petition for leave to appeal. 2. The above petition is barred by time, by 35 days and the ground for the delay, that the petitioner had undergone through eye operation seems to be not sufficient as the…
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