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MST. SALEEMA BIBI versus KHAIR MUHAMMAD


Section 5, Schedule and Section 14 Constitution of Pakistan (1973), Article 199 Plaintiff (wife) has filed a restitution case for herself and her three children for denying the relationship of husband and wife to the plaintiff (husband) Denied the relationship between the wife and the husband between the parties; he also claimed that the three children were not his legitimate children. The appellate court remanded the family court in the case to have both parties present their own evidence. And then decide the whole matter according to the law of merit. In the constitutional petition, the decision of the appellate court was not valid but there was not enough material on record to establish the relationship between the parties and the wife and husband; the record of the case was not available in the marriage contract; The unnecessary order of the appellate court regarding the persons involved in the marriage and other related factors, in the circumstances, was not only fair and equitable, but it was also in accordance with the law, in any jurisdiction. The error was not demonstrated. Appellate court invites interference in extraordinary proceedings Article 199 of the Constitution dismisses the High Court's basic jurisdictional constitutional application

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