Law: Family Courts Act, 1964

Section: 5, Schedule

Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Dissolution of marriage on the basis of Khula---Passing the decree by court without touching vital aspects---Effect---Petitioner/husband contended that while dissolving marriage on the basis of Khula', Appellate Court had wrongly passed decree for jactitation of marriage---Respondent/wife contended that under shia fiqah no Nikah could be solemnized in absence of father or guardian of female---Record revealed that in the plaint, respondent had specifically stated that she could not live with the petitioner and that the parties could not live as husband and wife within the limits prescribed by Allah---If Nikah had not been performed between the parties, why the lady had sought dissolution of marriage on the basis of Khula'---Petitioner had produced in his evidence as many as eight witnesses including Nikahkhuwan and marginal witnesess of Nikahnama and got exhibited computerized Nikahnama registered with NADRA and marriage registration certificate---No doubt, neither father of respondent had participated in marriage ceremony nor said ceremony was held openly, rather the same was a love marriage, therefore, Nikah was solemnized secretly---Effect---Appellate Court must have touched the aspects like holding of marriage ceremony, contracting of marriage by adult Shia girl in absence of her father and self-contradictory pleas taken by respondent in her pleadings---High Court set aside the impugned and remanded the case to Appellate Court to decide the same afresh while ascertaining said aspects of the matter within one month---Constitutional petition was disposed of accordingly. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, JUSTICE:---.--- This constitutional petition has been preferred against the judgment and decree dated 29.4.2017, passed by the learned Additional District Judge-III, D.I.Khan, whereby the judgment and decree dated 12.11.2016 in family Suit No.185/3 of 2014 of Judge Family Court, D.I.Khan was set aside and the suit of the respondent/petitioner for jactitation of marriage was decreed as prayed for with costs. 2. Shortly narrated the facts relevant for disposal of the instant case are that the…

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