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Petitioner: HABIBUR REHMAN VS Respondent: NAFEESUNNISA BEGUM
1988 C L C 1640
1988 C L C 1640 [Karachi]
Before Mushtak Ali Kazi and Ajmal Mian, JJ
HABIBUR REHMAN‑‑Petitioner
versus
Mst. NAFEESUNNISA BEGUM and others‑‑Respondents
Constitutional Petition No. 1191 of 1978, decided on 14th December, 1978.
West Pakistan Family Courts Act (XXXV of 1964)‑‑
‑‑‑S. 5‑‑Limitation Act (IX of 1908), S.5‑‑Constitution of Pakistan (1973), Art .199‑‑Constitutional jurisdiction, exercise of‑‑Suit by wife for maintenance decided by Family Court‑‑Appeal against such finding dismissed being time‑barred‑‑Such order of Appellate Court having not been shown either as illegal or without jurisdiction, held, could not be interfered with in constitutional jurisdiction of High Court. Moinuddin Ahmad for Petitioner.
ORDER MUSHTAQ ALI KAZI, J.‑‑ The suit by the wife for maintenance was decided by the Family Court. The appeal was dismissed being time‑barred by four days. According to the learned counsel for the petitioner the Court did not exercise the discretion properly while deciding an application for condonation of delay under section 5 of the Limitation Act. However, the order of the appellate Court has not been shown to be illegal or without jurisdiction.
The petition is accordingly dismissed.
A . A . / H‑94/ K Petition dismissed.