Full Judgment Text & Judicial Ruling

2002 S C M R 1149

2002 S C M R 1149

[Supreme Court of Pakistan]

Present: Abdur Rehman Khan and Mian Muhammad Ajmal, JJ

Mst. BALQISAM JANA and others‑‑‑‑Petitioners

versus

SALEEM ANWAR KHAN and others‑‑‑‑Respondents

Civil Petition No.496‑P of 2000, decided on 6th April, 2002.

(On appeal from the judgment and order of the Peshawar High Court, Circuit Bench, D.I. Khan dated 26‑10‑2000 in W.P. No.128 of 2000).

West Pakistan Family Courts Act (XXXV of 1964)‑‑‑

‑‑‑‑S.5 & Sched.‑‑‑Muslim Family Laws Ordinance (VIII of 1961), S.6‑‑ Constitution of Pakistan (1973), Art. 185(3)‑‑‑Suit for maintenance‑‑‑Leave to appeal was granted by Supreme Court to examine in detail the relevant law as to whether first wife could refuse to live with her husband and perform marital obligations on account of second marriage of her husband.

Abdul Aziz Kundi, Advocate‑on‑Record for Petitioners.

Respondent in person. ANN

Date of hearing: 6th April, 2001.

ORDER

Learned counsel for the petitioner SAMS at the respondent has married second wife and, therefore, under the law the petitioner was entitled to refuse to live with the respondent and to perform matrimonial obligations. The respondent appearing himself submits that the application for amendment filed' by the petitioner to add the ground of second marriage without permission and its implication .was withdrawn by .the petitioner. In any case, we grant leave to examine in detail the relevant law as to whether the petitioner could refuse to live with the respondent and perform marital obligation on account of second marriage of the respondent. This is a family matter, therefore, this appeal should be fixed within six months.

S.A.K./B‑59/S Leave granted.

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