Law: Family Courts Act, 1964

Section: 5, Schedule,S.10(4)

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched. & S.10(4)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Suit for dissolution of marriage on ground of Khula, ---Defendant-husband confined in Jail at place "F" for being insane and suffering from Schizophrenia---Failure of defendant to appear in Court at Place "L" for reconciliation---Suit decreed by Family Court in consideration of dower--Validity--Defendant had filed constitutional petition through his mother---Defendant was not a competent person, thus, his calling from Jail would not have been of any use---Plaintiff's life at place "F" was seriously at stake, thus, she had to shift to place "L"-Territorial jurisdiction of Family Court for purpose of dissolving marriage was irrelevant---Impugned was with jurisdiction--High Court dismissed constitutional petition in circumstances. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Limitation---No limitation prescribed for such petition, albeit, question of laches would be relevant. THIS ORDER PASSED BY: S. ALI HASSAN RIZVI, J.--- In this writ petition filed by Syed Sikandar Ali Shah through his real mother Mst. Salma Bokhari, following prayer has been made:-- "It is, therefore, respectfully prayed that the order passed by respondent No.4 as well as the subsequent proceedings before the respondent No.5 may please be declared to be without lawful authority and of no legal effect and pending the decision of the writ petition, the operation of the impugned order may please be suspended." 2. In the prayer clause reproduced above, it has not been shown as to which order of learned Family Court (Ms. Abhar Gul) was sought to be set aside. I find that she had passed an order on 15-9-2008, decreeing the suit for dissolution of marriage on the basis of Khula in consideration of dower. The relevant order is Annexure-G to the writ petition. The other order passed by the same learned Family Judge was of 6-9-2008, which was challenged in appeal. Mr. Zafar Ullah Tarar, the learned Addl. District Judge while accepting the appeal set aside the order dated 6-9-2008 and remanded the case to the…

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