Mst. RAZIA SHAFI vs MAJOR M. S. MALIK — 1957 PLD 689

Citation: 1957 PLD 689

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-03-01

Parties: Mst. RAZIA SHAFI vs MAJOR M. S. MALIK

Headnotes

Case cited as PLD 1957 Lah. 689

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title: Mst. RAZIA SHAFI vs MAJOR M. S. MALIK Case No.: Civil Appeal No, 101 of 1965 Date of Judgment:1971-03-01 Reported As: PLD 1971 Supreme Court 247 Result: Appeal dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C.J.--The question of law that arises for decision in this appeal is whether an application for transfer, under section 24 of the Code of Civil Procedure, based on the ground of want of jurisdiction is incompetent? The appellant, who was married to the respondent in 1958, was divorced in July 1961. Out of the wedlock she had two children born to her; namely, a girl Rubina Malik, now aged about 11-i years, and a boy, Khalid Malik, now aged about 10 years. The children remained with her after the divorce. Accordingly, she filed an application on the 6th of November 1961, under section 488 of the Code of Criminal Procedure for the maintenance of her said two children Magistrate of the First Class at Lahore on the 14th of April 1962, ordered maintenance to be paid by the respondent at the rate of Rs, 150 per month for each child with effect from the date of the application, i,e, 641-1961. This order was upheld in revision by the Additional Sessions Judge of Lahore, the High Court of West Pakistan, Lahore in a further revision and ultimately by this Court, which dismissed the respondent's petition for special leave to appeal on the 7th of November 1962. It is alleged…

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