| Citation(s) |
|---|
| 2008 SLG 1457 2008 SLD 1457 2008 SCMR 466 |
Supreme Court of Pakistan
Civil Petition No.2631-L of 2003, decision dated: 11-10-2005.(On appeal from judgment, dated 19-9-2003 of the Lahore High Court, Lahore passed in Civil Revision No.1405 of 1996)
FAQIR MUHAMMAD KHOKHAR AND KARAMAT NAZIR BHANDARI, JJ
Khadim Nadeem Malik, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition No.2631-L of 2003, decision dated: 11-10-2005.(On appeal from judgment, dated 19-9-2003 of the Lahore High Court, Lahore passed in Civil Revision No.1405 of 1996)
FAQIR MUHAMMAD KHOKHAR AND KARAMAT NAZIR BHANDARI, JJ
Khadim Nadeem Malik, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioner. Nemo for
Respondents
Dr. ASHFAQ AHMAD KHAN
VS
Mst. SAMINA KHAN and others
Law:
Section:
Specific Relief Act (I of 1877)---S. 42---Muslim Family Laws Ordinance (VIII of 1961), Ss.7 & 9--West Pakistan Rules under the Muslim Family Laws Ordinance, 1961, R.16---Limitation Act (IX of 1908), Art.120---Suit for declaration---Certificate of Talaq issued on 16-6-1973 by Arbitration Council directed plaintiff to pay maintenance of $ 3,000 to defendant for Iddat period---Revision petition against Such certificate/orders filed in year 1986 was dismissed by Collector on 24-5-1988 as barred by time---Suit for declaration filed on 20-6-1989 challenging orders, dated 16-6-1973 and 24-5-1988---Limitation---Plaintiff had moved revision petition before Collector after 13 years---Orders of Arbitration Council and Collector were not void---Suit was dismissed as barred by time. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.--- The petitioner seeks leave to appeal from judgment dated 19-9-2003 passed by a learned Single Judge of the Lahore High Court, Lahore, in Civil Revision No.1405 of 1996. 2. The petitioner had married the respondent No.1 on 1-6-1972. Subsequently, he pronounced a divorce upon her and gave a notice dated 29-11-1976 to the Chairman, Union Committee, Ward No.21, Gulberg, Lahore, who constituted an Arbitration Council. The Chairman of the Arbitration Council, by order, dated 16-6-1973 declared the divorce as having become effective and directed the petitioner to pay maintenance of $ 3,000 (U.S. Dollars three thousand) to the respondent No.1 for the Iddat period from 5-2-1973 to 5-5-1973. He filed a revision petition on 25-2-1984 against order/certificate dated 16-6-1973, which was dismissed by the District Collector, Lahore, by order, dated 24-5-1988 as barred by time. The petitioner instituted a suit for declaration, on 20-6-1989, before the Civil Judge, Lahore thereby challenging orders, dated 16-6-1973 and 24-5-1988 by the respondents Nos.2 and 3, which was decreed in his favour vide judgment and decree, dated 19-10-1992. The respondent-lady filed appeal there against which was dismissed on 27-9-1995, by the Additional District Judge. The respondent No.1 therefore, filed Civil Revision No.1405 of 1996 which was accepted by the Lahore High Court, by the…
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