1982 PLP 1200 (CLC)
BASHIRA BIBI‑Petitioner Versus MUHAMMAD RAFIQ AND 2 others — ‑Respondents
| Citation | 1982 PLP 1200 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Abaid Ullah Khan, J |
| Parties | BASHIRA BIBI‑Petitioner Versus MUHAMMAD RAFIQ AND 2 others — ‑Respondents |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964)‑‑ |
Q1: What are the key laws and sections cited in 1982 PLP 1200 (CLC)?
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 1982 PLP 1200 (CLC)?
The case was heard and decided by the Lahore bench comprising: Abaid Ullah Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1982 PLP 1200 (CLC) (BASHIRA BIBI‑Petitioner Versus MUHAMMAD RAFIQ AND 2 others — ‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Abdur Rashid Cheema for Petitioner.
- Nemo for Respondent No. 1.
- Date of hearing : 10th March, 1982.
Headnotes / Summary
‑‑‑S. 14‑Appeal‑Decree for dissolution of marriage by way of Khula` on condition of return of five tolas of gold ornaments or in alternative payment of amount of Rs. 3,600‑‑Held, appealable.‑[Appeal (civil)]. Rushda Zareen v. Muhammad Saleh P L D 1976 Lahore 1327 rel.
Judgment & Decree
‑‑‑S. 14‑Appeal‑Decree for dissolution of marriage by way of Khula` on condition of return of five tolas of gold ornaments or in alternative payment of amount of Rs. 3,600‑‑Held, appealable.‑[Appeal (civil)]. Rushda Zareen v. Muhammad Saleh P L D 1976 Lahore 1327 rel. Ch. Abdur Rashid Cheema for Petitioner. Nemo for Respondent No.
1. Date of hearing : 10th March, 1982. This writ petition impugnes the legality of the order of the learned Additional District Judge, Sialkot, respondent No. 3, dated the 20th February, 1976, dismissing in limine the petitioner's appeal against the judgment and decree of the learned Judge, Family Court, Sialkot, respondent 2, dated the 11th July, 1975, whereby the petitioner's marriage with respondent 1 was ordered to be dissolved by way of khula` on her return of five tolas of gold ornaments or in the alternative payment of Rs. 3,600.00 to respondent 1 by the 9th September, 1975.
2. As a matter of fact the petitioner bad challenged in appeal the validity of that portion of the learned trial Judge's decree which imposed upon her the condition of return of ornaments or payment of amount of Rs. 3,600.00 to respondent
1. The learned Additional District Judge dis missed the appeal on the short ground that it was not maintainable in view off the provisions of section 14 (2) of the Punjab Family Courts Act, 1964. It was not a decree for dissolution of marriage simpliciter. If the petitioner were not to comply with the condition of return of ornaments or payment of the requisite amount to respondent 1 her suit was to be taken to have been dismissed. Therefore, in view of what has been observed by this Court in Rushda Zareen v. Muhammad Saleh (P L D1976 Lah. 1327) the decree of the learned trial Judge was appealable. Consequently the impugned order of the learned Additional District Judge is not sustainable in the eye of law. Accordingly this petition is accepted, the order of the learned Additional District Judge dismissing the petitioner's appeal is set aside and the case is remanded to the learned District Judge, Sialkot, who will decide the appeal after hearing the parties. As the matter is fairly old the learned District Judge will do well to give it priority over other cases and dispose it of within two months. The parties are left to bear their own costs. M.Y.M Petition accepted.