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1987 MLD 3045

MUHAMMAD RIAZ vs Mst. GHAZALA BEGUM and another

Citation1987 MLD 3045
CourtLahore High Court
Case No.Writ Petition No,4017 of 1987
Date1987-10-10
Judge(s)Falak Sher
ResultPetition dismissed

ORDER

1. ' Petitioner and respondent No,1 experienced certain matrimonial difficulties; consequent to which respondent No,1 instituted suit for dissolution of marriage (No,134/FC/84) before the Judge Family Court, Lahore. The petitioner also instituted a suit for restitution of conjugal rights (No,79/FC/84).

2. The learned Judge Family Court vide judgment dated 16-7-1987 dismissed petitioner's suit; whereas the suit of respondent No,1 was decreed; copy of the judgment was directed to be sent to the Chairman of the Union Council concerned for necessary action. Hence the present petition.

3. ' This case came up for hearing before another learned Bench of this Court on 23-9-1987 when operation of the impugned order was suspended in terms of status quo. Today this matter is listed before me, in motion, and I have noticed that there is request for adjournment on the ground that the learned counsel has some "domestic problem". This is hardly a sufficient ground to allow adjournment in cases specially pertaining to family matters, particularly when operation of the impugned order has been suspended. Adjournment appears to have been sought for extraneous consideration with a view to prolonging the agony of the former spouse. I am not inclined to entertain this application. Even otherwise, unless an exceptional case is made out, writ jurisdiction needs to be sparingly exercised against a decree of B dissolution of marriage, lest it frustrates the obvious intention of the legislatures, who have chosen not to provide appeal in this behalf.

4. ' This writ petition is accordingly dismissed.

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