ABDUL HAKEEM vs Mst. ABIDA BEGUM Case No — 1970 PLD 293

Citation: 1970 PLD 293

Court: Sindh High Court

Year: 1969

Decision Date: 1969-08-18

Parties: ABDUL HAKEEM vs Mst. ABIDA BEGUM

Headnotes

Result: Appeal dismissed Judgment ORDER This is a Second Appeal from the appellate Order of the Additional District Judge, Karachi , dated the 17th of January 1969, by which he dismissed the First Appeal of the present appellant. The office has raised two objections.

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad Title: ABDUL HAKEEM vs Mst. ABIDA BEGUM Case No.: Second Appeal No. 334 of 1969 Date of Judgment:1969-08-18 Reported As: PLD 1970 Karachi 293 Result: Appeal dismissed Judgment ORDER This is a Second Appeal from the appellate Order of the Additional District Judge, Karachi , dated the 17th of January 1969, by which he dismissed the First Appeal of the present appellant. The office has raised two objections. One of them is that proper court-fee was not paid and the other is that this appeal is not maintainable. In reply to the first objection, counsel says that he has made up the deficiency in the court-fee. 2. The second objection is not accepted as correct by counsel. He relies on subsection (1) of section 14 of the West Pakistan Family Courts Act in support of his contention that every decision given by a District Judge or an Additional District Judge in his capacity of a Family Court is appealable under this provision. Counsel says that the provision is that "a decision or a decree passed by a Family Court shall be appeal--able to the High Court, where the Family Court is presided over by a District Judge, an Additional District Judge or a person notified by Government to be" of that rank. In this case, counsel says that, the suit was originally decided by Mr. Dhani Bux, II Civil Judge, First ,Class, Karachi who granted a decree for conjugal rights subject to payment of dower money. The plaintiff who is the…

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