1989SCMR559 (PLP)
SHAHBAZ ALI -Petitioner Versus JUDGE FAMILY COURT and another — Respondents
| Citation | 1989SCMR559 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | SHAHBAZ ALI -Petitioner Versus JUDGE FAMILY COURT and another — Respondents |
Q1: What are the key laws and sections cited in 1989SCMR559 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR559 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR559 (PLP) (SHAHBAZ ALI -Petitioner Versus JUDGE FAMILY COURT and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Khan Muhammad Bajwa, Advocate Supreme Court and S.Abid Nawaz, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 11th May, 1988.
- Khan Muhammad Bajwa, Advocate Supreme Court and S.Abid Nawaz, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment dated 10-10-1987 of the Lahore High Court, Lahore, passed in W.P. No.1139/87).
Khula --Dissolution of marriage on ground of Khula --Husband's past conduct including his making filthy allegations against wife seemed to be such that parties would not be able to keep limits of Allah--Husband having no intention to challenge final break between parties but was only interested in getting a verdict that the child born from the womb of wife was illegitimate and that if dissolution of marriage had taken place under S.14 of Qazf Ordinance, he might have achieved intended results--No convincing arguments were advanced on behalf of husband that notwithstanding provisions of Qazf Ordinance, proceedings before Family Court were bad or otherwise incompetent for any reason--Husband seemed to have moved the High Court with ulterior motive--Husband's approach to Supreme Court was also with soiled hands--Leave to appeal was refused in circumstances.
Judgment & Decree
Khan Muhammad Bajwa, Advocate Supreme Court and S.Abid Nawaz, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 11th May, 1988. MUHAMMAD AFZAL ZULLAH, J.‑‑The petitioner (the ex‑husband) challenged a Khula decree passed in favour of Respondent No.2 in Constitutional jurisdiction of the High Court, without success.
2. When it was pointed to the learned counsel that in addition to' the grounds stated in the impugned judgment for dismissal of the Writ Petition, we have further noticed that the petitioner's past conduct including that of making filthy allegations against the respondent is such that it seems that the parties would not be able to keep the limits of Allah, the learned counsel frankly stated that he has no intention to challenge the final break between the parties through the Court. But he is interested only in getting a verdict that a child born from the womb of the respondent is illegitimate. When pointed out that this amounted adding fuel to fire, the learned counsel contented that if the dissolution of marriage would have taken place under section 14 of the Qazf Ordinance, the petitioner might have achieved the intended results.
3. When invited to show that notwithstanding the provisions of Section 14, the proceedings before the Family Court were bad or otherwise incompetent for any reason, the learned counsel failed to advance any convincing argument. In addition to this we feel that the petitioner moved the High Court with ulterior motive. His approach to this Court is also with soiled hands. We therefore, refuse leave to appeal and the petition is, accordingly, dismissed. A.A./S‑223/S Leave to appeal refused.