1988 PLP 1531 (SCMR)
FARHAT BANO Petitioner Versus MUHAMMAD AFZAL and others — Respondents
| Citation | 1988 PLP 1531 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | FARHAT BANO Petitioner Versus MUHAMMAD AFZAL and others — Respondents |
| Primary Law | Muhammadan Law |
Q1: What are the key laws and sections cited in 1988 PLP 1531 (SCMR)?
This judgment primarily cites: Muhammadan Law as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 1531 (SCMR)?
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: 1988 PLP 1531 (SCMR) (FARHAT BANO Petitioner Versus MUHAMMAD AFZAL and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 4th June, 1988.
- Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
- Mr.Shafiq Ahmad, Advocate, the learned counsel who had appeared for a party in the lower Court is present. On our inquiry, he also stated that there was no hope for reconciliation between the spouses. In the light of what has been stated above, leave is granted to examine whether a decree for dissolution of marriage should not have been passed in favour of the petitioner.
- Mr.Shafiq Muhammad, Advocate, is directed to take such steps which might. be necessary to make at least one more effort as last effort, to bring about reconciliation between the parties making use of the fact that there are two children alive from this wedlock. He shall submit a written report with regard to this effort before the hearing of the appeal which shall be fixed for hearing within four months, at Lahore.
Headnotes / Summary
(Against the judgment and order of the Lahore High Court, Lahore, dated 3-11-87 in W.P. No.4952/87).
Khula'--Record showing that there was no hope of reconciliation between the spouses--Question whether parties in the circumstances of the case could keep the limits of God, required further examination--Counsel who had' appeared for a party, on inquiry, by Supreme Court, stated that there was no hope for reconciliation between the spouses--Leave to appeal granted to examine whether a decree for dissolution of marriage should not have been passed in favour of the wife.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑This petition for leave to appeal is by a wife, against the dismissal of her writ petition against the refusal of the learned lower Court to grant her a decree for dissolution of marriage. It seems from the record that there was no hope of reconciliation between the spouses. The question whether the parties in the circumstances of the case can keep the limits of God, required further examination. Mr.Shafiq Ahmad, Advocate, the learned counsel who had appeared for a party in the lower Court is present. On our inquiry, he also stated that there was no hope for reconciliation between the spouses. In the light of what has been stated above, leave is granted to examine whether a decree for dissolution of marriage should not have been passed in favour of the petitioner. Security Rs.1,
000. The appeal to be made ready on the present record with direction to the parties to file all necessary additional documents .within two months. Mr.Shafiq Muhammad, Advocate, is directed to take such steps which might. be necessary to make at least one more effort as last effort, to bring about reconciliation between the parties making use of the fact that there are two children alive from this wedlock. He shall submit a written report with regard to this effort before the hearing of the appeal which shall be fixed for hearing within four months, at Lahore. M.B.A./F‑61/S Leave granted.