1987 PLP 663 (SCMR)
Mst. NAZIRAN BIBI‑‑Appellant Versus PIRAN DITTA‑‑Respondent
| Citation | 1987 PLP 663 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Mian Burhanuddin Khan and Saad Saood Jan, JJ |
| Parties | Mst. NAZIRAN BIBI‑‑Appellant Versus PIRAN DITTA‑‑Respondent |
Q1: What are the key laws and sections cited in 1987 PLP 663 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 663 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Mian Burhanuddin Khan and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 663 (SCMR) (Mst. NAZIRAN BIBI‑‑Appellant Versus PIRAN DITTA‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Agha Taj Muhammad, Advocate Supreme Court and Abul Aasim Jafri, Advocate‑on‑Record for Appellant.
- Muhammad Siddiq, Advocate (by special permission) for Respondent.
- Date of hearing: 9th February, 1987.
Headnotes / Summary
(On appeal from the judgment and order of Lahore High Court, dated 26‑10‑1986 passed in I.C.A. No. 15/C of 1986) (a) Constitution of Pakistan (1973)‑‑ ‑‑‑Art. 185(3)‑‑Civil Procedure Code (V of 1908), Ss. 19 & 22‑‑Leave to appeal granted on question of venue of trial to be changed from K, District R to L where appellant had filed suit for dissolution of marriage against her husband, the respondent, which was pending before Family Court. (b) Civil Procedure Code (V of 1908)‑‑ ‑‑Ss. 19 & 22‑‑Venue of trial‑‑Change of‑‑Wife seeking change of venue of trial from District R to L where she had filed suit for dissolution of marriage against her husband which was pending before Family Court‑‑Wife presently living with her relative at L‑‑Apparently no reason shown for her doing so‑‑In interest of both parties both suits ordered to be heard at R where wife's parents resided‑‑Since appellant's wife apprehended danger to her life, respondent‑husband directed to furnish surety bond assuring not to cause any physical harm to appellant‑‑Appeal disposed of accordingly.
Judgment & Decree
(b) Civil Procedure Code (V of 1908)‑‑ ‑‑Ss. 19 & 22‑‑Venue of trial‑‑Change of‑‑Wife seeking change of venue of trial from District R to L where she had filed suit for dissolution of marriage against her husband which was pending before Family Court‑‑Wife presently living with her relative at L‑‑Apparently no reason shown for her doing so‑‑In interest of both parties both suits ordered to be heard at R where wife's parents resided‑‑Since appellant's wife apprehended danger to her life, respondent‑husband directed to furnish surety bond assuring not to cause any physical harm to appellant‑‑Appeal disposed of accordingly. Agha Taj Muhammad, Advocate Supreme Court and Abul Aasim Jafri, Advocate‑on‑Record for Appellant. Muhammad Siddiq, Advocate (by special permission) for Respondent. Date of hearing: 9th February, 1987. MIAN BURHANUDDIN KHAN, J.‑‑Leave was granted by this Court, per order dated 18‑1‑1987 on the question of the venue of the trial to be changed from Khanpur, District Rahimyar Khan to Lahore where the appellant Mst.Naziran Bibi had filed suit for dissolution of marriage against her husband‑respondent Piran Ditta which is pending before a Family Court. Respondent was required, by notice, to appear before this Court but he failed to appear in spite of knowledge of these proceedings.
2. Learned counsel for the appellant Agha Taj Muhammad submitted that Mst. Naziran is presently living with her relative in Lahore. Apparently no reason was shown for doing so. Therefore, we consider this in the interest of both the parties that both the suits, under reference in this appeal, be heard at Rahimyar Khan where appellant's parents reside.
3. As the appellant apprehends danger to her life, therefore, in order to allay her fear, respondent Piran Ditta shall furnish bond with two sureties in the sum of Rupees twenty‑five thousand each, assuring not to cause any physical harm to the appellant. The bond shall be furnished in the Office of this Court after the same is verified to the satisfaction of the trial Court at Khanpur, District Rahimyar Khan. With this observation the appeal is disposed of. No order as to costs. M.I./N‑5/S Order accordingly.