Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 10, 12, 14(2)(b) & 17---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Suit for dissolution of marriage and recovery of dower---Appeal---Limitation---Condonation of delay---Pre-trial proceedings---Scope---Payment of dower amount---Stage of determination---Powers of Family Court---Scope---Petitioner/ wife filed suit against respondent/husband, in which Family Court, on failure of reconciliation in pre-trial stage, while granting Khula, also settled issue of payment of dower on oath taken by the wife that she had not received dower amount---Husband challenged order of Family Court to the extent of settlement as to payment of dower amount contending that the Court had no jurisdiction to settle the issue regarding payment of dower amount in pre-trial proceedings---Wife challenged maintainability of constitutional petition contending that dower amount settled between parties was rupees fifty thousand and after settlement of issue of dower amount by Family Court, the order regarding dower amount was to be challenged through appeal in terms of S.14(2)(b) of West Pakistan Family Courts Act, 1964---Validity---Powers of Family Court in terms of Ss.10(2) & 10(3) read with S.17 of West Pakistan Family Courts Act, 1964 were not limited to any particular stage of proceedings for settlement of any "ascertained issue" between the parties---Mere use of word "pre-trial" would not mean trial had not started---Court had jurisdiction to decide the issue of dower amount at pre-trial stage---Dower amount was admittedly rupees fifty thousand and husband in his written statement had specifically stated to have the same paid to the wife in shape of ornaments and claimed the same to be in her possession---Order as to dower amount was appealable in terms of S.14(2)(b) of West Pakistan Family Courts Act, 1964---Husband had challenged the impugned order through constitutional petition under bona fide belief that the order passed in pre-trial was in nature of preliminary decree and the same was not appealable---Constitutional petition had been filed within a period in which husband could…

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