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MUHAMMAD JAMIL versus JUDGE, FAMILY COURT, SAHIWAL


Temporary Custody Order 1981 Article 9 Family Courts Act (XXXV of 1964), Section 7 Marriage Reaction Second Marriage Contract, Before the Order Prohibition Release, Will Not Serve Any Useful Purpose The name was withdrawn under the circumstances.

1986 C L C 2410(1)

[Lahore]

Before Muhammad Munir Khan, J

MUHAMMAD JAMIL--Petitioner

versus

JUDGE, FAMILY COURT, SAHIWAL and others--Respondents

Writ Petition No. 539 of 1981, decided on 16th November, 1982.

Provisional Constitution Order (1 of 1981)--

---Art. 9--Family Courts Act (XXXV of 1964), S. 7--Dissolution of marriage--Respondent contracted second marriage, before issuance of stay order--Exercise of constitutional jurisdiction, held, would not serve any useful purpose--Earlier stay order was withdrawn in circumstances.

Ejaz Mahmood Bhatti for Petitioner.

ORDER

This is a petition under Article 9 of the P. C.O. , whereby, Muhammad Jamil petitioner wants this Court to declare the judgment and decree, dated 2-2-1981, passed by Judge Family Court, Sahiwal, respondent No. 1, in suit for dissolution of marriage titled Mst Taj Bibi v. Muhammad Jamil.

2. After hearing the learned counsel I find (as submitted by the process-server) that Mst. Taj Bibi has already contracted second marriage. The learned counsel for the petitioner has stated that second Nikah was performed 3 or 4 days before the issuance of stay order by this Court. Since Mst. Taj Bibi has already contracted second marriage, I am not inclined to exercise the constitutional jurisdiction in the matter because no useful purpose would be served by the same and the order if any, passed by this Court in this W.P. against Mst. Taj Bibi would not bear any fruit. Disposed of accordingly.

S.A. Petition dismissed.

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