IN THE HIGH COURT OF SINDH
CIRCUIT COURT, LARKANA.
CP S- 15 of 2022 : Riaz Ahmed Abbasi vs.
Mst.Amina Khatoon & Another
For the Petitioner : Mr. Mazhar Ali Mangan, Advocate
Date of hearing : 21.01.2022
Date of announcement : 21.01.2022
ORDER
Agha Faisal, J. (1) Granted. (2) Deferred. (3) Granted, subject to all just exceptions. (4) Present petition assails judgment dated 23.12.2021 whereby the learned Appellate Court had allowed the suit for maintenance.
2. The sole contention articulated by the learned counsel was that the order impugned was contrary to the law as the petitioner had already divorced the respondent back in the year 2016.
3. Learned counsel was asked as to whether there was any certificate of confirmation of divorce on record and he replied in the negative. Counsel was queried as to whether the said plea was ever agitated before the Courts below and he replied in the negative. He also remained unable to corroboratehis assertion from the orders impugned or the documents placed on record by the petitioner himself. In such circumstances, it is observed that the plea of the counsel is perhaps in itself contradictory.
4. Article 199 of the Constitution may be invoked in the absence of alternate remedy, however, in present circumstances, the entire statutory hierarchy of dispute resolution has already been availed and no illegality has been demonstrated in respect of the judgment impugned to merit the interference of this Court.
5. In view hereof, this Court is constrained to observe that no case has been set forth for the invocation of the discretionary[1] writ jurisdiction of this Court, hence, this petition is hereby dismissedin limine.
JUDGE
[1]Per Ijaz Ul Ahsan J. in Syed Iqbal Hussain Shah Gillani vs. PBC & Others reported as 2021 SCMR 425; Muhammad Fiaz Khan vs. Ajmer Khan & Another reported as 2010 SCMR 105.