23. The section ibid provides that any person entitled to any legal character or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right. In the present case, the petitioner seeks decree to the effect that the respondent No.3 is no more his lawfully wedded wife and that she be restrained to claim as such after the pronouncement of divorce that has become effective. The suit of the petitioner, therefore, falls within the ambit of section ibid, triable by the court of competent jurisdiction to try the said matters. The Hon‟ble Lahore High Court in case of “Mst. Sadia Khan V. Muhammad Asim Khan and another” (2001 CLC 330), endorsed the position regarding talaq and suit for declaration.
Part of Judgment :
Honourable Mr. Justice Fiaz Ahmad Anjum Jandran
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