Law: Family Courts Act, 1964

Section: 10(4)

Law: Family Courts Act, 1964

Section: 10(4)

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 10(4), proviso----Constitution of Pakistan, Art.199---Constitutional petition---Haq Mehr (dower) restoration of---Dissolution of marriage on the basis of Khula---Husband (petitioner) assailed order of Family Court, whereby, after dissolution of marriage, under provisions of the proviso to section 10(4) of the West Pakistan Family Courts Act, the Court framed the issues and asked the parties to record evidence in order to resolve the controversy as to whether the Haq Mehr (dower) amount was received by the wife---Validity---From the proviso to section 10(4) of the West Pakistan Family Courts Act, 1964 it could be validly inferred, that if pre-trial reconciliation efforts failed, the Family Court would pass decree for dissolution of marriage forthwith; and would also restore to the husband, the Haq Mehr "received" by the wife---Order for the restoration of Haq Mehr could not be made mechanically as a matter of routine without first determining if the Haq Mehr was in fact received or not by the wife---Plaint of the wife had specifically mentioned that the Haq Mehr amount that was fixed at the time of the marriage remained unpaid---When the parties had filed divergent pleadings and had contradictory stands about the payment of the Haq Mehr amount, an order for forthwith restoration of Haq Mehr was not justified---Family Court had rightly settled said issue and had required the parties to adduce their evidence in order to resolve the controversy---Constitutional petition was dismissed. (b) West Pakistan Family Courts Act (XXXV of 1964)-- ----S. 10(4), proviso---Interpretations of S.10(4), proviso of West Pakistan Family Courts Act, 1964---Restoration of Haq Mehr---Proviso to section 10(4) of the West Pakistan Family Courts Act, 1964 provided that it could be validly inferred, that if pre-trial reconciliation efforts failed, the Family Court would pass decree for dissolution of marriage forthwith; and would also restore to the husband, the Haq Mehr "received" by the wife---Order for the restoration of Haq Mehr could not be made mechanically as a matter of routine without first determining if the Haq Mehr was…

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