Mst. AZIZ FATIMA vs Syed MOHAMMAD KAZIM HUSSAIN AND ANOTHER — 1971 SCMR 150

Citation: 1971 SCMR 150

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-01-12

Parties: Mst. AZIZ FATIMA vs Syed MOHAMMAD KAZIM HUSSAIN AND ANOTHER

Headnotes

Case cited as 1971 SCMR 150

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: Mst. AZIZ FATIMA vs Syed MOHAMMAD KAZIM HUSSAIN AND ANOTHER Case No.: Criminal Petition for Special Leave to Appeal No. K-46 of 1970 Date of Judgment:1971-01-12 Reported As: 1971 SCMR 150 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-The petitioner filed an application under section 488, Cr. P. C. For her maintenance and for the maintenance of her children, Mst. Najma, Mst. Saleha, Mst. Jehan Ara and Syed Abid Hussain at the rate of Rs. 250 per month from the respondent in the Court of S. D. M., Mirpur Khas. During the pendency of the application, the provisions of West Pakistan Family Courts Act, 1964, were applied to the District of Tharparkar by notification dated the 21st February 1967. In spite of this, the above application proceeded before the Magistrate concerned and no objection was taken to the jurisdiction of the Court. On the 30th October 1967, the learned S. D. M. Granted maintenance to the petitioner at the rate of Rs. 150 per month. Respondent filed revision petition against this order in the Court of Sessions which was dismissed on the 31st July 1968. In this revision the respondent raised an objection about the jurisdiction of the Magistrate to grant maintenance. This order was challenged in the High Court in further revision. In the revision, no objection was taken about the jurisdiction of the Magistrate to grant maintenance. The revision was summarily…

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