MUJTABA HUSSAIN vs Mst. ATHER JEIIAN And ANOTHER — 1972 PCRLJ 351

Citation: 1972 PCRLJ 351

Court: Sindh High Court

Year: 1971

Decision Date: 1971-07-12

Parties: MUJTABA HUSSAIN vs Mst. ATHER JEIIAN And ANOTHER

Headnotes

Case cited as 1972 PCRLJ 351

Judgment Text

Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh Title: MUJTABA HUSSAIN vs Mst. ATHER JEIIAN And ANOTHER Case No.: Criminal Revision Application No. 111 of 1969 Date of Judgment:1971-07-12 Reported As: 1972 P Cr. L J 351 Result: Revision allowed JUDGMENT JUDGMENT This is a revision application against the order of the learned Additional Sessions Judge whereby the revision application against the order of the Additional City Magistrate Court No. 17 was dismissed. Mst. Athar Jehan was the wife of Mujtaba Hussain and a child was born. She had filed an application under section 488, Cr. P. C. against her husband in the Court of Additional City Magistrate, Karachi and Rs. 50 p.m. were fixed as maintenance and an allowance of Rs. 25 p.m. was fixed for the child by order dated 19th April 1963. Since Mujtaba Hussain failed to pay the main - tenance awarded by the learned Magistrate she made an applica tion on 1-5-68 under section 488 (3), Cr. P. C. claiming Rs. 3,300 as arrears. The learned Magistrate, however, ordered an amount of Rs. 1,000 to be paid for period ending 8th July 1967. Against this order a revision application was filed and it was dismissed. Consequently the present revision application has been filed. The only ground which has been taken before me is that the learned Magistrate had no power to direct the payment of the arrears of maintenance after the enforcement of the West Pakistan Family Courts Act as this jurisdiction exclusively vested in the…

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