2007 PLP 1678 (YLR)
Mst. NAJMA BIBI — Petitioner Versus ADDITIONAL SESSIONS JUDGE, AHMEDPUR EAST and 7 others — Respondents
| Citation | 2007 PLP 1678 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Jehangir Arshad, J |
| Parties | Mst. NAJMA BIBI — Petitioner Versus ADDITIONAL SESSIONS JUDGE, AHMEDPUR EAST and 7 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2007 PLP 1678 (YLR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1678 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Jehangir Arshad, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1678 (YLR) (Mst. NAJMA BIBI — Petitioner Versus ADDITIONAL SESSIONS JUDGE, AHMEDPUR EAST and 7 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Rasheed Rashid for Petitioner with Karim Bakhsh her maternal uncle and mother.
- 3. On the other hand, Mr. Muhammad Bilal Bhatti, Advocate representing respondents Nos.6 and 7, submits that marriage was solemnized on 19-4-2005 after performing all the religious and social rituals, however, consummation had not taken place.
Headnotes / Summary
Art. 199
Constitutional petition
Order of Additional Sessions Judge had been assailed whereby respondent had been directed to approach S.H.O. who would took into the matter in accordance with law
Dispute between the parties was with regard to "WATTA" marriage
Petitioner present in the court had alleged Nikah with the respondent and had opted to accompany her mother
Petition was disposed of with -direction that if any party had got any matrimonial right against anyone, same could only be got enforced by filing suit before Judge, Family Court
If any party would approach Family Court and any question of forgery or cheating was raised, same would also be decided by the Family Court. Azam's case PLD 1984 SC 95 ref. Muhammad Bilal Bhatti with Abdul Majid and Pervaiz Respondents Nos.6 and
7. Muhammad Afzal, Inspector/S.H.O. Police Station Ahmedpur.
Judgment & Decree
MUHAMMAD JEHANGIR ARSHAD, J.
Through this constitutional petition the order of learned Additional Sessions Judge, Ahmadpur. East dated 29-10-2005, has been challenged whereby Abdul Majid respondent No.6 has been directed to approach S.H.O., Saddar Ahmadpur who will look into the matter in accordance with law and if any cognizable offence is found to have been committed, the S.H.O. will proceed according to law.
2. During hearing of this petition it has transpired that in fact the dispute between the parties is with regard to WATTA marriage. Karim Bakhsh who is maternal grandfather of Mst. Najma Bibi petitioner submits in Court that in fact he wanted to give the hand of Mst. Najma to Pervaiz in WATTA exchange but as Abdul Majid father of Pervaiz respondent backed out from his undertaking, hence the marriage could not materialize.
3. On the other hand, Mr. Muhammad Bilal Bhatti, Advocate representing respondents Nos.6 and 7, submits that marriage was solemnized on 19-4-2005 after performing all the religious and social rituals, however, consummation had not taken place.
4. Mst. Najma Bibi present in Court denies her alleged Nikah with Pervaiz respondent No.7 and has opted to accompany her mother present in Court.
5. In this view of the situation, this petition is disposed of with the direction that if any party has got any matrimonial right against each other the same can only be got enforced by filing suit before the learned Judge Family Court and in terms of the verdict of the Hon'ble Supreme Court in Azam's case (PLD 1984 SC 95) the final verdict of the Family Court is binding on all the Courts in Pakistan including the Supreme Court in such-like matter. It is however, made clear that in case if any party approaches the Family Court and any question of forgery or cheating is raised, the same shall also be decided by the Family Court. H.B.T./N-10/L Order accordingly.