Law: Family Courts Act, 1964

Section: 14

(a) Family Courts Act (XXXV of 1964)--- ----Ss.5, Sched. 14---Dissolution of Muslim Marriages Act (VIII of 1939), S.2---Suit for dissolution of marriage---Appeal---Scope---Suit for dissolution of marriage was decreed by the Trial Court---Appeal filed against the decree was dismissed---Validity---Appeal against the marriage dissolved by Family Court on any ground, except the one mentioned in S.2(viii)(d) of Dissolution of Muslim Marriages Act, 1939, was not competent in view of S.14 of Family Courts Act, 1964---Statements of witnesses of defendant proved that there was maltreatment both physically and mentally from the defendants side that was why he gave surety that next time there would be no beatings---Defendant had failed to maintain the plaintiff for more than four years, who was residing with her parents---Cruelty was not limited to physical beating rather it could be either mental or even by conduct---Petition was partly accepted and the impugned order of appellate court to the extent of return of appeal in respect of dower amount, maintenance, gold ornaments and medical expenses was set aside. (b) Dissolution of Muslim Marriages Act (VIII of 1939)--- ----S.2---Grounds for decree for dissolution of marriage---Scope---Cruelty is not limited to physical beating rather that can be either mental or even by conduct. (c) Interpretation of statutes--- ----Proviso---Provision of proviso is to be strictly construed. JUDGMENT ROZI KHAN BARRECH, J.---- Facts necessary for adjudication of this case are that the respondent No.1 filed a suit for dissolution of marriage, recovery of dower amount, dowry articles and maintenance against the petitioner in the Court of Family Judge-II, Quetta, (hereinafter the trial Court) with the following prayers:- a. To dissolve the marriage tie between the parties on account of cruelty, misconduct and non-maintenance of plaintiff. b. To direct the defendant to pay the amount of Haq Meher of Rs.50,000/- which is not paid to the plaintiff by the defendant. c. To direct the defendant to return all the dowry articles along with gold ornaments according to list which is annexed with the suit of plaintiff which are in possession of the…

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