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MUSA KHAN versus JUDGE, FAMILY COURT


Article 1 (185 ()) of the West Pakistan Family Courts Act (XXXV of the year XXX6464), Section Question The inquiry into the marital issue concluded that the High Court's denial does not face any weakness. Is.

1984 S C M R 1052(1)

Present: Muhammad Afzal Zullah and M. S. H. Quraishi, JJ

MUSA KHAN‑Petitioner

Versus

THE JUDGE FAMILY COURT AND ANOTHER‑Respondents

Civil Petition for Special Leave to Appeal No. 596‑R of 1983, decided on 13th November, 1983.

(On appeal from the Order of Lahore High Court, Rawalpindi Bench, dated 13th August, 1983 in Writ Petition No. 317 of 1983).

Constitution of Pakistan (1973)‑

‑‑Art. 185(3)‑West Pakistan Family Courts Act (XXXV of 1964), S. 7‑Matrimonial matter‑Question raised standing concluded by findings of fact‑Refusal of High Court to interfere with such findings not suffering from any infirmity‑Leave to appeal refused.

Kh. Muhammad Yousaf Saraf, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing: 13th November, 1983.

ORDER

MUHAMMAD AFZAL ZULLAH, J.

‑Leave to appeal has been sought] from judgment dated 13‑8‑1983 of the Lahore High Court; whereby a Constitutional petition filed in a matrimonial matter, by the husband/ petitioner, was dismissed.

On both the questions raised before us; namely, territorial jurisdiction of the Family Court and the existence of grounds for grant of khula to respondent, the matter stands concluded by findings of fact. The approach of the High Court showing reluctance to interfere with such finding does not suffer from any infirmity.

The petition is dismissed.

S. Q. Petition dismissed.

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