P L D 2009 Lahore 166 (PLP)
Sufi MUHAMMAD ALAM — Petitioner Versus CITY DISTRICT GOVERNMENT, FAISALABAD through District Coordination Officer and 3 others — Respondents
| Citation | P L D 2009 Lahore 166 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | Sufi MUHAMMAD ALAM — Petitioner Versus CITY DISTRICT GOVERNMENT, FAISALABAD through District Coordination Officer and 3 others — Respondents |
| Primary Law | Muslim Family Laws Ordinance (VIII of 1961) |
Q1: What are the key laws and sections cited in P L D 2009 Lahore 166 (PLP)?
This judgment primarily cites: Muslim Family Laws Ordinance (VIII of 1961) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2009 Lahore 166 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2009 Lahore 166 (PLP) (Sufi MUHAMMAD ALAM — Petitioner Versus CITY DISTRICT GOVERNMENT, FAISALABAD through District Coordination Officer and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Muhammad Saeed for Petitioner.
- Shabbir Ahmad Khan for Respondent No.3
- 3. I have heard the learned counsel for the petitioner at length followed by submissions of the learned Assistant Advocate General, Punjab and the learned counsel for the respondent No.3.
Headnotes / Summary
S. 5(2)
Punjab Local Government Ordinance (XIII of 2001), Preamble
Appointment of one Nikah Khawan in a `ward'
After introduction of Punjab Local Government Ordinance, 2001 provision of `ward' having been abolished and every town/city having been divided into different union councils and corresponding changes having not been introduced in the Muslim Family Laws Ordinance, 1961, contention that only one Nikah Khawan was envisaged in a ward stood evaporated
Likewise, no specific qualifications were prescribed in Muslim Family Laws Ordinance, 1961 for appointment of Nikah Khawan.
Judgment & Decree
SYED SHABBAR RAZA RIZVI, J.
The learned counsel seeks annulment of license issued to respondent No.3 as Nikah Khawan of Union council No.275-Faisalabad, on the ground that in one ward only one person is contemplated as Nikah Khawan. According to the petitioner, he was appointed as Nikah Khawan on 2-2-1994 and since then has been performing his function in the above capacity. He refers to section 5(2) of the Muslim Family Laws Ordinance, 1961, to reiterate that only one Nikah Khawan is envisaged in a Ward. He further submits that total population of the Ward comprises 1003 voters, per voters list of year 2007.Both petitioner and respondent No.3 are residents of the same street No.7 of the same Ward.
2. According to the learned counsel for the petitioner, respondent No.2 Nazim Union Council No. 275-Faisalabad is a close friend of respondent No.3 and on the basis of said relationship he appointed respondent No.3, and issued license of Nikan Registrar for Walipura Ward, Union Council No.275, on 26-8-2006. According to the learned counsel, respondent No.3 is running a shop, therefore, is not otherwise qualified for issuance of impugned license. According to the learned counsel, issuance of impugned license means infringement of legal rights of the petitioner and also violation of statutory provisions i.e. section 5 of the Ordinance, 1961.
3. I have heard the learned counsel for the petitioner at length followed by submissions of the learned Assistant Advocate General, Punjab and the learned counsel for the respondent No.3.
4. I have examined different provisions of the Muslim Family Law Ordinance, 1961. Section 5(2) provides for appointment of a Nikah Khawan in a Ward. It may be pointed out that after introduction of Punjab Local Government Ordinance, 2001, provision of Ward has been abolished. Every town/city is divided into different union councils. It seems that the corresponding changes have not been introduced in the Muslim Family Laws Ordinance, 1961. In either case, since Wards do not exist anymore in Union Council No.275-Faisalaabd therefore, the whole argument of the learned counsel for the petitioner stands evaporated and leaves no basis for his argument/edifice. Likewise, no specific qualifications are prescribed in the Muslim Family Laws Ordinance, 1961 for appointment of Nikah Khawan.
5. In view of the above, this Writ Petition is dismissed. M.B.A./M-4/L Petition dismissed.