2011 CLC 1404 (PLP)
Syed QAZIM ABBAS — Petitioner Versus INTERIOR MINISTRY through Secretary and another — Respondents
| Citation | 2011 CLC 1404 (PLP) |
| Forum / Court | Islamabad |
| Bench Members | N/A |
| Parties | Syed QAZIM ABBAS — Petitioner Versus INTERIOR MINISTRY through Secretary and another — Respondents |
| Primary Law | Exit from Pakistan (Control) Ordinance (XL VI of 1981) |
Q1: What are the key laws and sections cited in 2011 CLC 1404 (PLP)?
This judgment primarily cites: Exit from Pakistan (Control) Ordinance (XL VI of 1981) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 CLC 1404 (PLP)?
The case was heard and decided by the Islamabad bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 CLC 1404 (PLP) (Syed QAZIM ABBAS — Petitioner Versus INTERIOR MINISTRY through Secretary and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Miss Farzana Sultan Baig for Petitioner.
Headnotes / Summary
S. 3
West Pakistan Family Courts Act (XXXV of 1964), S.5
Constitution of Pakistan Art.199
Constitutional petition--Maintainability-Factual controversy
Family suits, pendency of
Petitioner was married to respondent and the marriage ended in divorce
Petitioner sought placing the name of respondent on Exit Control List on the apprehension that she might not leave the country without returning the belongings to petitioner
Civil cases were pending between the parties and petitioner could have approached concerned courts for attachment of disputed properties
Alternatively petitioner could have submitted an application directly to authorities for placing the name of respondent in Exit Control List
Matter involved factual controversy which could not be looked into under constitutional jurisdiction, therefore, High Court declined to issue any direction for placing the name of respondent on Exit Control List
Petition was dismissed in circumstances.
Judgment & Decree
MUHAMMAD ANWAR KHAN KASI, J.
Through this Writ Petition, the petitioner has sought direction against the respondent No.1 to place the name of respondent No.2 (his ex-wife) on Exit Control List till final decision of cases pending before different courts at Islamabad.
2. Learned counsel for the petitioner submits that petitioner and respondent No.2 (Chinese national) were married on 23-6-1995 but the tie ended on 26-1-2011 through divorce. Thereafter, the litigation between the parties started on different issues before different courts. Now the petitioner has shown apprehension that the respondent No.2 is going out of the country, therefore, he prayed that she be restrained from proceeding abroad by placing her name in the ECL.
3. Heard & record perused.
4. The only apprehension of the petitioner is that the respondent No.2 may not leave the country without returning the belongings to the petitioner. Civil cases are pending between the parties and the petitioner could have approached the Concerned courts for attachment of disputed properties, alternatively he could have submitted an application directly to the respondent No.1 with justification for placing her name in the ECL.
5. The matter in hand involves factual controversy which cannot be looked into under writ jurisdiction, therefore, no direction can be issued for placing the name of the respondent No.2 in ECL.
6. Viewing the above, the instant petition being devoid of merits is dismissed in limine. M.H./27/Isl. Petition dismissed.