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RESHAM BIBI versus BARKAT ALI


Article 2 (185) West Pakistan Muslim Personal Law (Sharia) Act (VK) contradicts the Supreme Court's view that the Muslim Personal Law Sharia Application Act, 62) deals with the Act, High \ Act Lea. High, was taken by the court. Granted, consider the matter

1985 S C M R 2104

Present: Aslam Riaz Hussain and Shafiur Rahman, JJ

Mst. RESHAM BIBI Petitioner

Versus

BARKAT ALI and others---Respondents

Civil Petition for Special Leave to Appeal No.689 of 1979 decided on 23rd February, 1985'

(Against the order of the Lahore High Court Lahore dated 8‑7‑1979 passed in R.S.A. No. 399 of.1970)

Constitution of Pakistan (1973)

---Art. 185(3)‑‑West Pakistan Muslim Personal Law (Shariat) Act (V of a)‑‑View contrary to view of Supreme Court stated to have been taken by High, Court in relation to application of Muslim Personal Law Shariat') Act, 1962‑‑Leav granted to, consider matter.

Syed Iftikhar Ahmad, Advocate Supreme Court for Petitioner Munir Ahmad Advocate Supreme Court with Tanvir Ahmad Advocate-on-Record for Respondent No.1

Nemo for the Remaining Respondents.

Date of hearing 23rd February, 1985.

ORDER

ASLAM RIAZ HUSSAIN J.

Mst. Rehman Bibi has filed the present petition against the judgment of the High Court dated 8‑4-1979.dismissing her R.S..A‑ (No. 399/70)

2. Learned counsel for the petitioner relied Jafar Khan v. Mst Shah Begum 1983: S, C M R 221 but has, pointed out that a contrary, view has been taken, in relation to the application of Muslim Personal Law (Shariat) Act‑1962 in Mst. Zarmina and others v. Munjawar and other'1975 SCMR 487.

  1. Leave is also granted in this case to consider the matter.

Security in the sum of Rs. 2,000.

Status quo granted to the petitioner shall continue.

  1. To be heard on the same record with permission to file additional documents.

M.Y.H. Petitioner allowed.

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