Law: Family Courts Act, 1964

Section: 10(4),5,Sched.

Law: Law Reforms Ordinance, 1972

Section: 3

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Family Courts Act (XXXV of 1964)----Ss. 10(4) & 5, Sched---Constitution of Pakistan, Art.199---Law Reforms Ordinance (XII of 1972), S.3---Intra-court appeal---Dissolution of marriage on the basis of khula pending final decision with regard to controversy of return of dower---Word "forthwith" mentioned in S.10(4) of West Pakistan Family Courts Act, 1964---Interpretation---Husband filed constitutional petition against preliminary decree for dissolution of marriage on the basis of khula which was dismissed holding that Family Court had rightly passed a decree for dissolution of marriage on the basis of khula pending final decision regarding controversy of return of dower---Validity---Return of dower had been asserted in the plaint by the wife but same had been denied by the husband in written statement which was fact in controversy---Wife had foregone her right to dower in her statement for khula but said statement was not found against assertion in her plaint---Dissolution of marriage "forthwith" on failure of reconciliation had been envisaged in the proviso of S.10(4) of West Pakistan Family Courts Act, 1964 but restoration of dower comes after the word "and" which had made the later part disjunctive---Restoration of dower was not a condition precedent under the proviso of S.10(4) of West Pakistan Family Courts Act, 1964---Purpose of West Pakistan Family Courts Act, 1964 was "expeditious settlement and disposal of disputes with regard to marriage and family affairs and matters connected therewith"---Returning or taking back of dower by the husband was the 'matter relating to family affairs' or at least same was 'connected therewith'---No illegality, irregularity or jurisdictional defect was pointed out in the decision made by the Family Court in framing the issue with regard to dower amount when return of the same had been asserted and denied by the parties---Intra court appeal was dismissed. Doctor Akhlaq Ahmad v. Mst. Kishwar Sultana and another 1986 MLD 464 and Farzana Shaheen v. Malik Muhammad Iqbal 1989 MLD 3888 rel. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----Preamble---Object of West Pakistan Family Courts Act,…

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