| Case ID |
fff5386d-e6a2-46ff-83e9-cddcc759948c |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 3049 of 2014 |
| Decision Date |
Feb 03, 2015 |
| Hearing Date |
|
| Decision |
The petitioner, who was the defendant in the main suit filed by respondents 2 and 3 for recovery of past maintenance with enhancement, was aggrieved by an order dated 21-5-2014, passed by the learned Judge Family Court Islamabad-West, whereby his application under section 7(3)(2) of the West Pakistan Family Courts Act, 1964 for submission of additional documents was dismissed. The High Court allowed the petition, set aside the impugned order, and remanded the matter to the learned Trial Court to decide the application afresh after giving audience to both sides in light of the observations recorded. |
| Summary |
This case revolves around a writ petition filed in the Islamabad High Court concerning the West Pakistan Family Courts Act of 1964. The petitioner, Sardar Muhammad Jahangir, challenged an interlocutory order from the Family Court that dismissed his application to submit additional documents in a suit for recovery of past maintenance. The case highlights issues regarding the production of supplemental evidence and the scope of constitutional jurisdiction under Article 199 of the Constitution of Pakistan. The High Court, presided over by Chief Justice Muhammad Anwar Khan Kasi, allowed the petition, setting aside the Family Court's decision and remanding it for reconsideration. This case is a significant reference for understanding the Family Court's discretion in admitting evidence at a later stage and the High Court's power to issue writs of certiorari in cases of jurisdictional error. The case also examines the interpretation of Section 7(2) of the Family Courts Act, emphasizing that both plaintiffs and defendants have equal rights to produce evidence beyond the list appended with their pleadings. Legal professionals involved included Ms. Robina Shah and Ms. Jamila J. Aslam, both Advocates of the Supreme Court. Other notable cases cited include Malik Furkan Ahmad v. Judge Family Court Lahore and Mst. Yasmin v. Ghulam Hussain. |
| Court |
Islamabad High Court
|
| Entities Involved |
Judge Family Court,
Mst. Mehar Ghawas,
Shireen Jehangir,
Moosa Jehangir
|
| Judges |
MUHAMMAD ANWAR KHAN KASI, CJ
|
| Lawyers |
Ms. Robina Shah, Advocate Supreme Court for Petitioner,
Ms. Jamila J. Aslam, Advocate Supreme Court for Respondents
|
| Petitioners |
SARDAR MUHAMMAD JAHANGIR
|
| Respondents |
JUDGE FAMILY COURT,
Mst. Mehar Ghawas,
Shireen Jehangir,
Moosa Jehangir
|
| Citations |
2015 SLD 2322,
2015 CLC 990
|
| Other Citations |
Malik Furkan Ahmad v. Judge Family Court Lahore 2003 MLD 1641,
Haibat Nawaz Khan v. Mst. Najma Bibi alias Najma Parveen and others 2006 CLC 554,
Mst. Bakht-e-Rawaida v. Ghulam Habib and others PLD 1992 Kar. 46,
Khalid Akhtar v. Mst. Robina and others 1991 MLD 2349,
Lt. Col. Mohsin Shah v. Mst. Qaseema Wahid and others 1995 MLD 1032,
Malik Irfan Ahmed Gheba v. Zubi Irfan and others 2004 MLD 635,
Pakistan Defence Officers Housing Authority, Karachi v. Shamim Khan and others PLD 2005 SC 792,
Zar Wali Shah v. Yousaf Ali Shah and others 1992 SCMR 1778,
Mst. Yasmin v. Ghulam Hussain 2000 YLR 1905
|
| Laws Involved |
West Pakistan Family Courts Act (XXXV of 1964),
Constitution of Pakistan
|
| Sections |
S. 5, Sched. & S.7(3)(2),
Art. 199
|