Law: Family Courts Act, 1964

Section: 14(2)(a)

Family Courts Act (XXXV of 1964)--- ----S. 14(2)(a)---Decree of dissolution of marriage---Condition for payment of amount of Khula to the husband---Appeal to District Court---Competence---Scope contended that District Court had not entertained her appeal calling the same incompetent contended that under Family Law appeal was not provided in case of dissolution of marriage on the basis of 'Khula'---Validity---Decree of dissolution of marriage though could not be challenged in appeal except in certain cases, but dissolution of marriage, in the present case, was not absolute as condition of payment of certain amount as consideration of 'Khula' was imposed---Unless amount of Khula was not paid to the husband, dissolution would not attain finality---Such dissolution of marriage being not absolute was not hit by S. 14(2)(a) of Family Courts Act, 1964 and wife had a remedy by way of filing an appeal before the District Court---Logic behind non-providing of appeal in the case of dissolution of marriage was to protect wife from costly and prolonged litigation---Wife could not file appeal against or decision of Family Court where her suit was not decreed on the basis of cruelty or other grounds recognized under Family Laws even if marriage was dissolved on the basis of Khula, appeal, in the present case, filed by wife was competent as she had challenged the condition of payment through appeal---Appellate court was competent to hear the appeal of the petitioner, High Court, directed to re-write the after hearing parties on merits---Parties were directed to appear before Appellate Court---Constitutional petition was disposed of accordingly. Naila Azmat v. Judge Family Court and others 1999 MLD 3090; Chanzeb and another v. Mst. Yasmeen Bibi and others 2015 MLD 1140 and Abid Hussain v. Additional District Judge, Alipur District Muzaffargrah 2006 SCMR 100 ref. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, JUSTICE:---.--- Whereas family suit bearing No. 18/3 FC titled as " Mst. Shahida wife of Sardar Shah in collision with her husband Sardar Shah" is for annulment of the Nikah along with recovery of maintenance, dowry articles or in alternate by obtaining decree for…

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