Mst. TEHSEEN AKHTAR vs MAHMOOD-UL-HASSAN — 1971 PLD 875

Citation: 1971 PLD 875

Court: Lahore High Court

Year: 1971

Decision Date: 1971-07-13

Parties: Mst. TEHSEEN AKHTAR vs MAHMOOD-UL-HASSAN

Headnotes

Case cited as PLD 1971 Lahore 875

Judgment Text

Court Name: Lahore High Court Judge(s): A. R. Sheikh Title: Mst. TEHSEEN AKHTAR vs MAHMOOD-UL-HASSAN Case No.: Civil Revision No, 171 of 1970 Date of Judgment:1971-07-13 Reported As: PLD 1971 Lahore 875 Result: Petition dismissed JUDGMENT JUDGMENT The facts giving rise to this revision petition are these. Mst. Tehseen Akhtar, petitioner, was married to Mahmood-ulHasan, respondent, at Rawalpindi sometimes in 1964. Differences having arisen between the spouses, in 1966 the respondent brought a suit against the petitioner for restitution of conjugal rights, before the Family Court at Rawalpindi. The suit was resisted on the grounds of non- payment of prompt dower and cruelty. The Family Judge while rejecting the plea of cruelty, decreed the suit conditional on payment of Rs, 2,000.00 as prompt dower. The petitioner has remained unsuccessful in her appeal before the learned District Judge and has now invoked revisional jurisdiction of this Court under section 115 of the Code of Civil Procedure. 2. A preliminary objection has been raised by learned counsel for the respondent as to the maintainability of the revision petition on the ground that the provisions of the Code of Civil Procedure, excepting sections 10 and 11, having been specifically excludedby section 17 of the West Pakistan Family Courts Act, 1964, the judgment of the District Judge has attained finality and is not subject to the revisional jurisdiction of the High Court. In support of this preliminary objection,…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.