ABDUL MANNA N vs SAFURAN NESSA Case No — 1970 SCMR 845

Citation: 1970 SCMR 845

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: ABDUL MANNA N vs SAFURAN NESSA

Headnotes

Result: Petition dismissed Judgment JUDGMENT M. KHAN, J.-The petitioner married the respondent and got a child by that marriage.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: ABDUL MANNA N vs SAFURAN NESSA Case No.:Criminal Revision No. 203 of 1970 Petition for Special Leave to Appeal No. JUDGMENT Reported As: 1970 SCMR 845 Result: Petition dismissed Judgment JUDGMENT M. R. KHAN, J.-The petitioner married the respondent and got a child by that marriage. The respondent made an application under section 488 of the Code of Criminal Procedure for her maintenance and the maintenance of the child. Mr. S. M. Hossain, Magistrate of the First Class, Narayanganj allowed a monthly maintenance of Rs. 40 to the respondent and a further monthly maintenance of Rs. 20 for the child. This order granting maintenance was challenged by the petitioner in Criminal Revision No. 203 of 1970. A learned Single Judge of the High Court of East Pakistan dismissed the criminal revision. The petition for special leave is directed against the order of the High Court. It is contended on behalf of the petitioner that the petitioner's marriage with the respondent was dissolved by divorce and that this dissolution was effected with the consent of the respondent. This plea was also raised before the learned Judge of the High Court, but he found that no notice of the alleged divorce having been given to the Chairman of the Local Union Council under section 7(1) of the Muslim Family Laws Ordinance, the divorce had not become effective. The learned counsel for the petitioner concedes that no…

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