Mst. FAHMIDA BIBI vs MUKHTAR AHMAD AND ANOTHER — 1972 PLD 694

Citation: 1972 PLD 694

Court: Lahore High Court

Year: 1971

Decision Date: 1971-10-20

Parties: Mst. FAHMIDA BIBI vs MUKHTAR AHMAD AND ANOTHER

Headnotes

Case cited as PLD 1972 Lahore 694

Judgment Text

Court Name: Lahore High Court Judge(s): Sardar Muhammad Iqbal Title: Mst. FAHMIDA BIBI vs MUKHTAR AHMAD AND ANOTHER Case No.: Writ Petition No. 851 of 1969 Date of Judgment:1971-10-20 Reported As: PLD 1972 Lahore 694 Result: A. Judgment ORDER The respondent Mukhtar Ahmad instituted a suit for restitution of conjugal rights against the petitioner in the Family Court at Layallpur. The petitioner pleaded in defence that the Family Court at Layallpur had no jurisdiction and that she had already been divorced by the respondent and relied on a notice purported to have been given by respondent to the Chairman of Union Committee, Hafizabad and also the certificate of divorce issued by the latter. The respondent denied to have ever given any divorce notice to the Chairman or to have given the divorce to the petitioner. The question of jurisdiction was not made subject-matter of any issue. The learned Family Judge however, framed the issue t "Whether plaintiff has already been divorced by the defendant." The respondent applied to the Court to have the thumb-impression on the notice Exh. D. A. Examined by an Expert. The application was rejected on the ground that he could not go behind the Certificate of the Chairman and bad no jurisdiction to declare it as invalid and he therefore, could not permit the respondent to lead evidence about the genuineness or otherwise of the thumb-mark on the notice. He dismissed the suit by deciding the above issue in favour of the petitioner and…

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