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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: FAISAL HAYAT VS Respondent: ADDITIONAL DISTRICT JUDGE, JHANG and 2 others
Court Name: Lahore High Court Judge(s): Umar Ata Bandial Title: FAISAL HAYAT vs ADDITIONAL DISTRICT JUDGE, JHANG and 2 others Case No.: Writ Petition No,21697 of 2009, Date of Judgment:2011-01-24 Reported As: 2011 CLC 1526 Result: Petition disposed of.
Judgment ORDER UMAR ATA BANDIAL, J.--- Learned appellate court in the impugned judgment dated 6-5-2009 increased the maintenance amount payable by the petitioner to his wife respondent No,3 from Rs,3000/- to Rs,5000/-. By the same judgment the learned appellate court has reversed the finding on issue No,3 for decree of restitution of conjugal rights passed in favour of the petitioner by the learned trial Court on the ground that the petitioner did not take such plea in the written statement. 2. Paragraph 8 of the written statement on the other hand does take up such plea on the basis of which Issue No,3 was framed and evidence was recorded. Consequently, finding given by the appellate court on this point is contrary to the record and is accordingly set aside. The remaining judgment of the learned appellate court shall stand and the parties shall be entitled to seek enforcement of their rights given in the said judgment as modified by this Court.