Raja MUHAMMAD AFZAL KHAN vs Mst. SULTANA AND Another — 1970 SCMR 584

Citation: 1970 SCMR 584

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-05-15

Parties: Raja MUHAMMAD AFZAL KHAN vs Mst. SULTANA AND Another

Headnotes

Case cited as 1970 SCMR 584

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan Title: Raja MUHAMMAD AFZAL KHAN vs Mst. SULTANA AND Another Case No.: Criminal Appeal No. 80 of 1969 Criminal Original No. 154 of 1965 Date of Judgment:1970-05-15 Reported As: 1970 SCMR 584 Result: Appeal allowed JUDGMENT JUDGMENT WAHIDUDDIN AHMAD, J.-This appeal by special leave is directed against the order of a learned Single Judge of the High Court of West Pakistan, Lahore, in Criminal Original No. 154 of 1965 dated the 18th April 1966, whereby the appellant was held guilty of contempt of Court and was reprimanded. The appellant is the husband of Mst. Sultana, respondent. Their relations are estranged and they are living separately. Respondent Mst. Sultana moved an application under section 25 of the Guardians and Wards Act against the appellant claiming custody of her minor children Amer and Saira. Along with the main application she also moved an application under section 12 of the Guardians and Wards Act for interim custody of her minor children. On the 2nd December 1965, the learned Guardian Judge, issued notice to the appellant directing him to produce his two minor children in Court on the 3rd December 1965. This notice was presented to the appellant in the Court premises. After read--ing the notice presented to him by the process-server at about 3-45 p.m., he refused to accept the same. Thereupon, the respon--dent moved an application in the High Court under sections 2 and 3…

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