2002 PLP 1149 (SCMR)
Mst. BALQISAM JANA and others‑‑‑‑Petitioners Versus SALEEM ANWAR KHAN and others‑‑‑‑Respondents
| Citation | 2002 PLP 1149 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdur Rehman Khan and Mian Muhammad Ajmal, JJ |
| Parties | Mst. BALQISAM JANA and others‑‑‑‑Petitioners Versus SALEEM ANWAR KHAN and others‑‑‑‑Respondents |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 1149 (SCMR)?
This judgment primarily cites: West Pakistan Family Courts Act (XXXV of 1964)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1149 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdur Rehman Khan and Mian Muhammad Ajmal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1149 (SCMR) (Mst. BALQISAM JANA and others‑‑‑‑Petitioners Versus SALEEM ANWAR KHAN and others‑‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Aziz Kundi, Advocate‑on‑Record for Petitioners.
- Date of hearing: 6th April, 2001.
Headnotes / Summary
(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). ‑‑‑‑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. Respondent in person. ANN
Judgment & Decree
(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). ‑‑‑‑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. Abdul Aziz Kundi, Advocate‑on‑Record for Petitioners. Respondent in person. ANN Date of hearing: 6th April, 2001. 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. The respondent appearing himself submits that the application for amendment filed' by the petitioner to add the ground of second marriage without permission and its implication .was withdrawn by .the petitioner. In any case, we grant leave to examine in detail the relevant law as to whether the petitioner could refuse to live with the respondent and perform marital obligation on account of second marriage of the respondent. This is a family matter, therefore, this appeal should be fixed within six months. S.A.K./B‑59/S Leave granted.