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2007 YLR 1678

Mst. NAJMA BIBI vs ADDITIONAL SESSIONS JUDGE, AHMEDPUR EAST and 7

Citation2007 YLR 1678
CourtLahore High Court
Case No.Writ Petition No.179 of 2006
Date2006-02-16
Judge(s)Muhammad Jehangir Arshad
ResultOrder accordingly

ORDER

' MUHAMMAD JEHANGIR ARSHAD, J.---Through this constitutional petition the order of learned Additional Sessions Judge, Ahmadpur East dated 29-10-2005, has been challenged whereby Abdul Majid respondent No.6 has been directed to approach S.H.O., Saddar Ahmadpur who will look into the matter in accordance with law and if any cognizable offence is found to have been committed, the S.H.O. Will proceed according to law.

2. During hearing of this petition it has transpired that in fact the dispute between the parties is with regard to WATTA marriage. Karim Bakhsh who is maternal grandfather of Mst. Najma Bibi petitioner submits in Court that in fact he wanted to give the hand of Mst. Najma to Pervaiz in WATTA exchange but as Abdul Majid father of Pervaiz respondent backed out from his undertaking, hence the marriage could not materialize.

3. On the other hand, Mr. Muhammad Bilal Bhatti, Advocate representing respondents Nos.6 and 7, submits that marriage was solemnized on 19-4-2005 after performing all the religious and social rituals, however, consummation had not taken place.

4. Mst. Najma Bibi present in Court denies her alleged Nikah with Pervaiz respondent No.7 and has opted to accompany her mother present in Court.

5. In this view of the situation, this petition is disposed of with the direction that if any party has got any matrimonial right against each other the same can only be got enforced by filing suit before the learned Judge Family Court and in terms of the verdict of the Hon'ble Supreme Court in Azam's case (PLD 1984 SC 95) the final verdict of the Family Court is binding on all the Courts in Pakistan including the Supreme Court in such-like matter. It is however, made clear that in case if any party approaches the Family. Court and any question of forgery or cheating is raised, the same shall also be decided by the Family Court.

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