Dissolution Of Marriage In Pakistan Through Family Court | Nazia Law Associate
Whereas in fling of
Constitutional petition lapse of time or question of laches is to be examined
on equitable principles for reason that exercise of Constitutional jurisdiction
is always in nature of equitable relief. Petitioner had invoked Constitutional
jurisdiction of High Court after a lapse of four years in case of suit for dissolution
of marriage in Pakistan . Petitioner invoking Constitutional jurisdiction is
guilty of contumacious lethargy, inaction, laxity and gross negligence' in
enforcement of her right. Petition was liable to be dismissed on ground of
delay in case of dissolution of marriage in Pakistan. Notwithstanding recording
of evidence of parties- Pronounce the judgment. Deviation in procedure under
family courts Act notwithstanding recording of evidence of parties. Pronounce
the judgment. Family Court under S. 12 of Act, 1964 is required that it would
make yet another effort to effect compromise or reconciliation between parties
and if even at such stage compromise or reconciliation the parties was not
possible, only thereafter, Court was to announce its judgment and to give
decree. Dissolution of marriage-Required to be decided in speedy manner.
Object of Evidence Act is to
shorten agony of litigant parties and to provide them justice as early as could
be possible. Matter pertaining to Family Court be of suit for dissolution of
marriage in Pakistan, restitution of conjugal rights, entitlement of a child or
children or of wife to maintenance, payment of dower, all such issues were required
to be decided in speedy manner, because no such issue can be left undecided for
decades, because a minor seeking maintenance, might become major by time case
was decided by Family Court or a wife seeking dissolution of marriage. Suit for
dissolution of marriage and recovery of dowry articles should be decided
quickly. Plaintiff filed suit for divorce in Pakistan and recovery of dowry
articles or its value to the sum of Rs.396, 250 along with gold ornaments.
Defendants contested suit on the ground that he had returned dowry articles to
the plaintiff in the presence of the witnesses. Trial Court ordered in suit of
the plaintiff for recovery of dowry articles or Rs.201,100 as its price thereof
except articles which were given as gift.
Both parties filed appeals in appellate courts
which were rejected by Appellate Court vide consolidated judgment and judgement.
Stand of defendant of return of dowry articles was outside the scope of his
pleadings; s0 it could not be legally considered. Defendant failed to submit
any receipt of return of dowry articles to the plaintiff. Defendant had failed
to point out any misreading or non-reading of material evidence which might
have affected both the judgments and decrees of both Courts below including
High Court declined to interfere in Constitutional writ jurisdiction.
Constitutional petition was dismissed in limine. Suit of the plaintiff was
decreed to the extent of dissolution of marriage.
Suit for recovery of dower,
maintenance allowance and for dissolution of marriage Suit of the plaintiff was
decreed to the extent of dissolution of marriage, but rest of the relief as
prayed for by then plaintiff was declined. Contention of the defendant was that
if at all the plaintiff was considered entitled for the decree of divorce in
Pakistan , it could have been passed on the basis of Khula; as he had asserted
in her plaint about the immense aversion against the defendant; and had also
refused to live as wife with the defendant. Defendant had asserted that in such
circumstances, the Trial Court was duty bound to order divorce in Pakistan
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