Case Details

Citation(s)
2002 SLG 1330 2002 SLD 1330 2002 SCMR 1149
Supreme Court of Pakistan
Civil Petition No.496-P of 2000, decision dated: 6-04-2002.hearing DATE : 6-04-2001.(On appeal from the judgment and order of the Peshawar High Court, Circuit Bench, D.I. Khan dated 26-10-2000 in W.P. No.128 of 2000)
ABDUR REHMAN KHAN AND MIAN MUHAMMAD AJMAL, JJ
Abdul Aziz Kundi, Advocate-on-Record for Petitioners.
Respondent in person

Mst. BALQISAM JANA and others

VS

SALEEM ANWAR KHAN and others

Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)---S.5 & Sched.---Muslim Family Laws Ordinance (VIII of 1961), S.6--­Constitution of Pakistan (1973), Art. 185(3)---Suit for maintenance---Leave to appeal was granted by Supreme Court to examine in detail the relevant law as to whether first wife could refuse to live with her husband and perform marital obligations on account of second marriage of her husband. ORDER Learned counsel for the petitioner SAMS at the respondent has married second wife and, therefore, under the law the petitioner was entitled to refuse to live with the respondent and to perform matrimonial obligations.…
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