MUHAMMAD YOUNAS vs NARGIS SULTANA — 1970 PLD 41

Citation: 1970 PLD 41

Court: Lahore High Court

Year: 1969

Decision Date: 1969-06-03

Parties: MUHAMMAD YOUNAS vs NARGIS SULTANA

Headnotes

Case cited as PLD 1970 Lahore 41

Judgment Text

Court Name: Lahore High Court Judge(s): Waheeduddin Ahmad Title: MUHAMMAD YOUNAS vs NARGIS SULTANA Case No.: Civil Miscellaneous No. 1257 of 1969 Date of Judgment:1969-06-03 Reported As: PLD 1970 Lahore 41 Result: E. JUDGMENT JUDGMENT This is an application under Article 102 of the late Constitution of 1962 for stay of Suit No. 51 of 1967 pending in the Family Court at Sialkot. It has arisen in the following. 'in, circumstances. 2. The parties were married at Sialkot on the 10th of February 1967. The rukhsati of respondent Mst. Nargis Sultana was to take place on the 26th of March 1967. It appears that for some reason or other the rukhsati did not take place. Consequently, on the 1st of September 1967, the petitioner filed a suit for restitution of conjugal rights in the Family Court at. Gujrat. After the service of the notice in the said suit, the respondent filed a suit for dissolution of marriage on the ground of cruelty and Khula` in the Family Court at Sialkot on 27th of September 1967. The respondent resisted the suit for restitution of conjugal rights filed at Gujrat, amongst others, on the ground that that Court had no jurisdiction. The matter was fixed before the Gujrat Court for final hearing on the 2nd of December 1967,, when the respondent failed to appear and the case was adjourned to 8th of December 1967, for recording the ex parte evidence of the petitioner. The learned Family Court, Gujrat, decreed the suit on the 8th of December 1967. On the same date the…

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