2008 PLP 874 (CLC)
Mrs. REHANA BIBI — Petitioner Versus MUHAMMAD IJAZ and another — Respondents
| Citation | 2008 PLP 874 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mrs. REHANA BIBI — Petitioner Versus MUHAMMAD IJAZ and another — Respondents |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 2008 PLP 874 (CLC)?
This judgment primarily cites: West Pakistan Family Courts Act (XXXV of 1964) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 874 (CLC)?
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: 2008 PLP 874 (CLC) (Mrs. REHANA BIBI — Petitioner Versus MUHAMMAD IJAZ and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Naseer Ahmad Tahir for Petitioner.
- Ajmal Kamal Mirza for Respondents.
Headnotes / Summary
S. 5 & Sched.
Constitution of Pakistan (1973), Art.199
Constitutional petition--Suit for grant of maintenance allowance along with Haq Mehr
Constitutional petition, could not be entertained for the reasons; that firstly no jurisdictional defect against impugned orders of the courts below had been brought home and secondly no further appeal was provided against a judgment and decree of the first appellate forum in suits for maintenance allowance, custody of the minor children, recovery of dowry articles and restitution of conjugal rights and the law clearly contemplated termination of those proceedings
Such intention of law could not be defeated by entertaining and ruling upon contentious issues between the parties in exercise of constitutional jurisdiction.
Judgment & Decree
NASIM SIKANDAR, J.
In this constitutional petition following prayer has been made:-- "In view of the submissions made above, it is very respectfully and humbly prayed that the instant writ petition may kindly be allowed by setting aside the impugned judgment of the Appellate Court and be gracious by modifying the judgment of the Judge, Family Court by granting maintenance allowance as well, along with the Haq Mehr in shape of Gani set by decreeing the suit of the petitioner/plaintiff against the respondent/ defendant."
2. After hearing the learned counsel for the parties and on going through the contents of the petition, I will refuse to entertain it for the following reasons: (i) No jurisdictional fact against the impugned orders has been brought home, and (ii) By providing no further appeal against a judgment and decree passed by the first appellate forum in suits for maintenance allowance, custody of the minor children, recovery of dowry articles and restitution of conjugal rights, the law clearly contemplates termination of these proceedings. That intention of law cannot be defeated by entertaining and ruling upon contentious issues between the parties in exercise of constitutional jurisdiction.
3. Dismissed in limine. H.B.T./R-10/L????????????????????????????????????????????????????????????????? Petition dismissed.