2008 PLP 605 (CLC)
ORANGZEB — Petitioner Versus JUDGE FAMILY COURT, HAROONABAD DISTRICT BAHAWALNAGAR and another — Respondents
| Citation | 2008 PLP 605 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ORANGZEB — Petitioner Versus JUDGE FAMILY COURT, HAROONABAD DISTRICT BAHAWALNAGAR and another — Respondents |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 2008 PLP 605 (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 2008 PLP 605 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 605 (CLC) (ORANGZEB — Petitioner Versus JUDGE FAMILY COURT, HAROONABAD DISTRICT BAHAWALNAGAR and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mirza Muhammad Nadeem Asif for Petitioner.
Headnotes / Summary
S. 14
Constitution of Pakistan (1973), Art.199
Constitutional petition
Dismissal of suit for restitution of conjugal rights by Family Court
District Judge dismissed the appeal against order of the Family Court holding that appeal was not maintainable
Section 14, West Pakistan Family Courts Act, 1964 provides a right of appeal to the aggrieved party
First appeal being a valuable right, it is the legal obligation of the First Appellate Court to apply its judicial mind to the evidence produced instead of mechanically upholding the findings of the Trial Court
Constitutional petition against order of First Appellate Court was accepted by High Court setting aside the order of District Judge and appeal filed against finding of Trial Court shall be deemed to be pending before the District Judge.
Judgment & Decree
KHURSHID ANWAR BHINDER, J.
Petitioner has preferred this writ petition against the judgment and decree dated 6-3-2007 passed by the learned Judge Family Court, Haroonabad in a suit for restitution of conjugal rights whereby he dismissed the suit filed by the petitioner. The petitioner filed an appeal against the aforesaid judgment and decree before the learned Additional District Judge, Haroonabad, who vide his order dated 10-12-2007, dismissed the appeal holding that the same is not maintainable, hence this constitutional petition.
2. I am afraid, the learned Additional District Judge, Haroonabad has erred in maintaining that the appeal is not maintainable Section 14 of the West Pakistan Family Courts Act, 1964 (Act XXXV of 1964) provides a right of appeal to the aggrieved party. First appeal being a valuable right it is the legal obligation of the first appellate Court to apply its judicial mind to the evidence produced instead of mechanically upholding findings of trial Court. The learned appellate Court has not even kept in mind the basic provision of law providing a right of appeal. A person of the status of Additional District Judge should know the basic law and if he does not know the basic law, he could not make a decision by applying his judicial mind. The learned appellate Court has neither cited the provisions of law nor referred any case-law under which the appeal was not maintainable before him.
3. Under the circumstances, this petition is allowed, order dated 10-12-2007, passed by the learned Additional District Judge, Haroonabad is set aside, the appeal filed by the petitioner shall be deemed to be pending before the learned Additional District Judge, Haroonabad who shall decide the same in accordance with law on merits. M.B.A./O-1/L Petition allowed.