Law:

Section:

Family Courts Act (XXXV of 1964)---------- ----------Ss. 14 & 5, Sched.----------Dissolution of marriage on the basis of Khula'---------Appeal against decree of dissolution of marriage/right of dower---------Scope---------Family Court decreed the suit for dissolution of marriage on basis of Khula subject to return of the dower amount of Rupees 200000---------Section 14(2)(b) of Family Courts Act, 1964 debarred the aggrieved party to file appeal only where value of the dower or dowry was not exceeding rupees thirty thousand; therefore, the remedy of appeal was available to the plaintiff under S. 14 (1) (b) of the Act---------Plaintiff also had the remedy of appeal, as the Family Court had passed a conditional decree in her favour---------Plaintiff, being aggrieved of the decree of the Family Court, could avail the remedy of appeal---------Law put clog on the right of appeal of a husband and not of a wife---------Constitutional petition being not maintainable was dismissed in circumstances. Abid Hussain v. Additional District Judge, Alipur, District Muzarfargarh and another 2006 SCMR 100 and Muhammad Bashir Ali Siddiqui v. Mst. Sarwar Jahan Begum and another 2008 SCMR 186 ref. Imtiaz Ahmed v. Ghulam Ali and others PLD 1963 SC 382 and Abid Hussain v. Additional District Judge, Alipur, District Muzatfargarh and another 2006 SCMR 100 rel. Sajid Mahmood v. Additional District Judge, Bahawalpur and others 2008 CLC 1657 and Muhammad Bashir Ali Siddiqui v. Mst. Sarwar Jahan Begum and another 2008 SCMR 186 distinguished. THIS JUDGMENT DELIVERED BY: MUHAMMAD FARRUKH IRFAN KHAN, JUSTICE:--------- The petitioner is aggrieved against the order dated 2.7.2014 of the learned Judge Family Court, Lahore insofar as it directed return of dower amount of Rs.200,000/- while granting her decree for dissolution of marriage on the basis of 'khula'. 2. Brief facts of the case are that the petitioner filed a suit, inter alia, for dissolution of marriage on the basis of 'khula' against the respondent. The respondent contested the suit and filed his written statement. The case was fixed for reconciliation proceedings but the respondent did not turn up in person despite availing a…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492