JAVAID AKHTAR Versus REHANA TANVIR

ORDER

1. MUHAMMAD AFZAL ZULLAH, J .‑‑Leave to appeal has been sought by the petitioner in a family matter, against the dismissal of his Constitutional Petition.

2. Respondent's suit for jactitation of marriage to the effect that she was not the wife of the petitioner, was dismissed by the trial Court on the ground that it lacked territorial jurisdiction. On espondent's appeal a learned Additional District Judge held otherwise; and instead of remanding the case, decreed the suit on the basis of the material on record.

3. Petitioner's Constitutional Petition against the appellate order having been dismissed, he has sought leave to appeal.

4. Learned counsel has contended that the suit was filed in a wrong Court and that the appellate Court should have remanded the case for retrial by a competent Court.

5. When questioned whether the Additional District Judge himself was not notified as a Family Judge/Court, he could not answer the question. The learned Judge in the High Court adequately dealt with this point as also the Jurisdictional question; and rightly refused to exercise writ jurisdiction. Leave to appeal is, therefore, refused.

6. M.I. /J‑29/S Petition dismissed.