Law: Family Courts Act, 1964

Section: 5, Schedule,S.14

Law: Muslim Family Laws Ordinance, 1961

Section: 5,6

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5, Sched. & S.14---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for maintenance---Denial of relationship of husband and wife---Plaintiff (wife) filed suit for maintenance for herself and for her three children---Defendant (husband) denied relationship of wife and husband between the parties; he also contended that three children were not his legitimate children---Appellate Court remanded case to the Family Court with direction to grant reasonable opportunity to both the parties to produce their respective evidence and then decide the whole case in accordance with law on merits---Plaintiff had assailed said of Appellate Court in constitutional petition--- Validity---Sufficient material was not available on the record to establish relationship of wife and husband between the parties---Record of the case was deficient in Nikahnama, certificate of registration of marriage or Nikah Khawn, any witness of Nikah, the persons who had physically and practically participated in the marriage and the other allied factors---Impugned order of the Appellate Court, in circumstances, was not only fair and just, but was also in consonance with the settled law---No jurisdictional error had been demonstrated to have been committed by the Appellate Court inviting interference in exercise of extraordinary jurisdiction of High Court under Art.199 of the Constitution---Constitutional petition was dismissed. Syed Farman Ali v. Abid Ali and others PLD 1995 Lah. 364; Muhammad Akram v. Mst. Farman Bi PLD 1989 Lah. 200 and Iftikhar Hussain v. Muhammad Aslam and others 1991 MLD 1500 rel. THIS ORDER PASSED BY: CH. NAEEM MASOOD, J.--- The petition is directed against the judgment and decree dated 17-9-2008 passed by the District Judge, Vehari. 2. Briefly put the facts of the case, in brief, are that the petitioners/plaintiffs filed a suit for maintenance against respondent No.1, the petitioner No.1 claiming to be wife and petitioners Nos.2 to 4 claiming to be the children of respondent No.1. The suit was contested by respondent No.1. The main defence taken by respondent No.1 was that petitioner No.1 has…

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