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S.5, Sched. &
S.14---Constitution of Pakistan (1973), Art.199---Constitutional
petition---Suit for maintenance---Denial of relationship of husband and
wife---Plaintiff (wife) filed suit for maintenance for herself and for her
three children---Defendant (husband) denied relationship of wife and
husband between the parties; he also contended that three children were not
his legitimate children---Appellate Court remanded case to the Family Court
with direction to grant reasonable opportunity to both the parties to
produce their respective evidence and then decide the whole case in
accordance with law on merits---Plaintiff had assailed said judgment of
Appellate Court in constitutional petition--- Validity---Sufficient
material was not available on the record to establish relationship of wife
and husband between the parties---Record of the case was deficient in nikahnama ,
certificate of registration of marriage or Nikah Khawn, any witness of
Nikah, the persons who had physically and practically participated in the
marriage and the other allied factors---Impugned order of the Appellate
Court, in circumstances, was not only fair and just, but was also in
consonance with the settled law---No jurisdictional error had been
demonstrated to have been committed by the Appellate Court inviting
interference in exercise of extraordinary jurisdiction of High Court under
Art.199 of the Constitution---Constitutional petition was dismissed.
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