' CH. NAEEM MASOOD, J. ---The petition is directed against the judgment and decree dated 17-9- 2008 passed by the District Judge, Vehari.
2. Briefly put the facts of the case, in brief, are that the petitioners/plaintiffs filed a suit for maintenance against respondent No,1, the petitioner No,1 claiming to be wife and petitioners Nos.2 to 4 claiming to be the children of respondent No,1. The suit was contested by respondent No,1. The main defence taken by respondent No,1 was that petitioner No,1 has not been his wedded wife and petitioners Nos.2 to 4 are not his legitimate children.
' On framing the issue "Whether Family Court has jurisdiction to adjudicate upon matter?", the case was remanded to the learned Family Court with a direction to grant reasonable opportunity to both the parties to produce their respective evidence on the newly framed issue and then to decide the whole case in accordance with law and on merits. The petitioners have assailed this judgment dated 17-9-08 passed by the learned District Judge.
3. Learned counsel for the petitioners submits. That the additional issue is not essential in the circumstances of the case. It is further submitted that there was sufficient evidence on the record to establish the matrimonial relationship.
4. Learned counsel for the contesting respondent on the other hand, has supported the impugned judgment.
5. I have heard the learned counsel for the parties and have perused the record.
6. The relationship of husband and wife had been denied by respondent No,1. Sufficient material is not available on the record to establish this relationship. The record of the case is deficient in Nikahnama, certificate of registration of marriage or Nikah Khawan, any witness to the Nikah, the persons who had physically and practically participated in the marriage and the other allied factors. In such a situation, the impugned order of the learned District Judge is not only fair and just but is also in consonance with the dictum laid down by the apex courts.
2. Iam fortified in my above view by the following judgments:-
(i) Syed Farman Ali v. Ahid Ali and others PLD 1995 Lah.
364.
' It has been held as follows:- "The manner and form in which a marriage is to be solemnized is unambiguously decreed in Islam.
The-particular characteristic of Nikah is that it is performed publically in the presence of witnesses and Ijab-o-Kabool has to be ascertained by the Nikah Khawan and brought to the notice of all present for their information. The girl whose hand is to be given in marriage should be majorand ordinarily her marriage to be conducted by the guardian or Vakeel, appointed by her for that purpose.
' The Nikah, Islam lays down should be performed in the presence of witnesses so that it attain distinction from an act performed without witness is secret. It loses its sanctity, if performed in a secret manner. The Muslim Family Laws Ordinance clearly prescribed the method of registering the Nikah. The violation of these proceedings attract punitive action. Under section 6 of the Muslim Family Laws Ordinance, 1961 polygamy is prohibited. The violation of its carries punishment of imprisonment up to one year."
(ii) Muhammad Akram v. Mst. Farman Bi PLD 1989 Lah.
200.
' It has been laid down as follows "It was neither reported to Nikah Registrar nor was it registered with him. Registration of Marriage solemnized under Muslim Law required compulsory registration under section 3 of the Family Laws Ordinance 1961. Therefore, though registration of marriage was compulsory under the aforenoted provision of law yet its nonregistration, in itself, does not invalidate it,' if the same is otherwise proved to have taken place in accordance with requirement of Islamic Law. However, if the factum of marriage is in serious dispute between the parties to it, its non-registration may cause some doubts on its existence and solemnization. See Dr. A.L.M.
Abdullah v. Rokeya Kliatoon and another PLD 1969 Dacca 17."
(iii) Iftikhar Hussain v. Muhammad Aslam and others 1991 MLD 1300.
' It has been held as follows:- "(b) Maintenance :- ' Liability of father to pay maintenance of his child be disputed till there is any declaration, Court of competent jurisdiction on question of legitimacy/paternity of child."
3. Besides no jurisdictional error has been demonstrated to have been committed by the learned District Judge inviting interference in exercise of extraordinary jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan.
4. In sequel thereof, the writ petition in hand is dismissed.