1999 PLP 2176 (MLD)
GHULAM RASOOL — Petitioner Versus SHAZIA PARVEEN and another — Respondents
| Citation | 1999 PLP 2176 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | GHULAM RASOOL — Petitioner Versus SHAZIA PARVEEN and another — Respondents |
Q1: What are the key laws and sections cited in 1999 PLP 2176 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 2176 (MLD)?
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: 1999 PLP 2176 (MLD) (GHULAM RASOOL — Petitioner Versus SHAZIA PARVEEN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sh. Naveed Shahryar for Petitioner.
- Ata-ul-Mohsin Lak for Respondent No
Headnotes / Summary
S.5.& Sched.
Constitution of Pakistan (1973), Art. 199.
Constitutional petition--Dissolution of .marriage on the basis of Khula
Female had solemnised the second marriage after Khula
Contention of the ex-husband was that Family Court had not considered the ground of Khula' in real perspective and female had entered into marriage again
Held., High Court could not take notice of subsequent events viz, second marriage by the female-- Constitutional petition was dismissed in circumstances.
Judgment & Decree
S.5.& Sched.
Constitution of Pakistan (1973), Art. 199.
Constitutional petition--Dissolution of .marriage on the basis of Khula
Female had solemnised the second marriage after Khula
Contention of the ex-husband was that Family Court had not considered the ground of Khula' in real perspective and female had entered into marriage again
Held., High Court could not take notice of subsequent events viz, second marriage by the female-- Constitutional petition was dismissed in circumstances. 1990 CLC 1069 rel. Sh. Naveed Shahryar for Petitioner. Ata-ul-Mohsin Lak for Respondent No The brief facts out of which the present writ petition arises are that the petitioner filed a suit for restitution of conjugal rights whereas the respondent filed a suit for dissolution of marriage on 30-1-1997 before the Family Court at Mandi Baha-ud-Din who by consolidated judgment dismissed the suit for restitution of conjugal rights and accepted the suit for dissolution of marriage vide judgment and decree dated 23-6-1998.
2. Feeling aggrieved by the Judgment and decree dated 23-6-1998 the petitioner filed this writ petition on the ground that the learned Family Court did not consider the ground of Khula in real perspective and, therefore, the judgment of the Family Courts is not according to the law declared by the superior Courts and not in accordance with the injunctions of Islam. Learned counsel for the respondents contended that respondent has solemnised second marriage on 10-1-1997.
3. I have given my anxious consideration to the contentions of the learned counsel for the parties. It is settled proposition of law that Court cannot take notice of subsequent event as is held by the Superior Courts. I am fortified by the dictum laid down by the reported judgment (1990 CLC 1069) as the respondent has solemnised second marriage. Therefore, this petition is not maintainable and the same is dismissed. Q.M.H./M.A.K./G-109/L Petition dismissed.