MUHAMMAD SHAFIQUE AHMAD Versus MUMTAZ HUSSAIN LALI, ADDITIONAL

Writ Petition No.2210 of 1990, decided on 24th February, 1991.

Result: Petition dismissed.

' This petition under Article 199 of the Constitution of Islamic Republic of Pakistan calls in question the judgment dated 15-11-1989, whereby the learned Additional District Judge, Sialkot dismissed the appeal of the petitioner against the judgment and decree dated 3-3-1986 passed by the learned trial Court relating to maintenance to respondent No,3 at the rate of Rs,500 per month.

2. Learned counsel for the petitioner submits that the petitioner and respondent No,3 had been living separately and, therefore, there was no justification for grant of maintenance, particularly, in view of the fact that respondent No,3 is earning more than the petitioner and she has refused to live with the petitioner.

3. The controversy raised in this petition is concluded by a finding of fact which is not open to interference in the exercise of writ petition.

4. In view of the above, the writ petition fails and is hereby dismissed with no order as to costs.