| Case ID |
1732fa88-b43d-4040-adae-5a14500d1917 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.26010 of 1998 |
| Decision Date |
May 05, 1999 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by Mst. Sadia Khan regarding the validity of the divorce deed executed on 8-5-1997. The court ruled that the matter of divorce was pending before a competent court, and any contention regarding the validity of the divorce deed must be adjudicated by that court. The High Court refrained from determining the factual controversies involved, emphasizing that such disputes cannot be resolved in its constitutional jurisdiction. The ruling highlighted the importance of not prejudicing either party's case pending adjudication in the lower court. |
| Summary |
This case revolves around the complexities of divorce proceedings under the Muslim Family Laws Ordinance, 1961, specifically focusing on the notice and withdrawal of divorce. The petitioner, Mst. Sadia Khan, challenged the withdrawal of a divorce notice by her husband, Muhammad Asim Khan, claiming that the divorce had become effective despite the withdrawal. The court emphasized the need for factual controversies to be resolved by the appropriate jurisdiction, thereby dismissing the petition. This case underscores the importance of adhering to legal procedures in divorce cases and clarifies the jurisdictional limits of the High Court in matters of family law. The decision serves as a significant reference for similar cases involving divorce and the interpretation of family laws in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. IJAZ AHMAD, J
|
| Lawyers |
Tariq Shakoor for Petitioner,
Shahid Bilal Hassan for Respondents
|
| Petitioners |
Mst. SADIA KHAN
|
| Respondents |
another,
MUHAMMAD ASIM KHAN
|
| Citations |
2001 SLD 2334 = 2001 CLC 330
|
| Other Citations |
Muhammad Sarwar's case PLD 1988 FSC 42,
Allah Ditta's case 1992 SCMR 1273,
Rehmat Ara's case 1998 MLD 486,
Dr. Iftikhar Ahmad's case 1997 CLC 1985,
Mst. Kaniz Fatima's case PLD 1993 SC 901,
PLD 1989 Lah. 490,
1993 SCMR 618
|
| Laws Involved |
Muslim Family Laws Ordinance, 1961,
Specific Relief Act, 1877,
Constitution of Pakistan, 1973
|
| Sections |
7,
42,
199
|