Law: Family Courts Act, 1964

Section: 10(4),14(2)(a),14

Family Courts Act, 1964 (XXXV of 1964)-- ----Ss. 10(4) ,  14(2)(a)--Dissolution of Muslim Marriages Act, (VIII of 1939), S. 2(iii)(d)--Suit for dissolution of marriage, maintenance allowance, and custody of minor--Suit was decreed to extent of dissolution of marriage--Repayment of HaqMehr--Challenge to--Family Court had not passed any order with regard to repayment of HaqMehr received by petitioner, appellate Court had set-aside decree for dissolution of marriage in accordance with requirement of section 10(4) of Family Courts Act--Grant of decree for dissolution of marriage was contingent on repayment of HaqMehr paid by husband to wife at time of marriage and such decree could not be passed without repayment of HaqMehr--Dissolution of marriage can be sought by a wife either on basis of any fault of husband or on a no-fault basis--Where wife is seeking dissolution of marriage due to cruelty on part of husband and Family Court comes to conclusion on basis of evidence adduced before it that wife is entitled to dissolution of marriage due to cruelty wife in such case cannot be burdened with liabilities returning dower received at time of marriage--Question of determination of civil liabilities of wife i.e. quantum of HaqMehr payable by wife to husband upon dissolution of marriage on basis of khula was a question to be determined by Family Court and to extent that it was not determined, matter was rightly remanded back by appellate Court to Family Court to frame an issue and allow parties to adduce evidence in relation thereto--Petition allowed. Family Courts Act, 1964 (XXXV of 1964)-- ----S. 14(2)(a)--Filling of appeal--No appeal could be filed against decree of a Family Court for dissolution of marriage except when dissolution of marriage was pursuant to section 2(viii)(d) of Dissolution of Muslim Marriages Act, 1939.[P. 131] A Family Courts Act, 1964 (XXXV of 1964)-- ----S. 10(4)--Restoration of HaqMehr--Husband was entitled to restoration of HaqMehr received by wife in consideration of marriage--In event of dissolution of marriage on basis of Khula, repayment of HaqMehr was condition precedent for issuing a decree for dissolution of marriage.[P. 131] B…

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