Law: Divorce Act, 1869

Section: 7,10&22

Divorce Act (IV of 1869)--- ----Ss. 7, 10 22---Constitution of Pakistan, Art.199---Constitutional petition---Divorce and judicial separation---Allegation of adultery---Proof/plaintiff was Christian by faith who sought dissolution of marriage from respondent/defendant---Both the Courts below dismissed her suit on the ground that she had failed to prove allegation of adultery against respondent/defendant---Validity---Besides allegation of adultery, petitioner/plaintiff also alleged that respondent/ defendant had behaved in such a way that she could not reasonably be expected to live with him/plaintiff levelled allegation of cruelty and sought judicial separation on such ground also---Provisions of Ss.7 10 of Divorce Act, 1869 were to work together to make them Constitutionally compliant---High Court set aside s and decrees passed by two Courts below as petitioner/plaintiff had claimed judicial separation and ground of cruelty in the light of S.22 of Divorce Act, 1869, was available to her, resultantly petitioner/plaintiff was judicially separated from respondent/defendant---Constitutional petition was allowed, in circumstances. Mst. Parveen Amanual v. Additional District Judge-III, Rahimyar Khan and 2 others PLD 2009 Lah. 213 and Pervaiz Afzal v. Mehwish and 2 others PLD 2020 Lah. 160 ref. JUDGMENT AHMAD NADEEM ARSHAD, J.--- The petitioner, through this constitutional petition, filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, called in question the validity, legality, and propriety of judgments and decrees dated 18.07.2019 and 12.09.2019 whereby, the petitioners application for judicial separation under Christian Divorce Act, 1869, was concurrently dismissed. 2. Brief facts necessary for the disposal of this writ petition are that the petitioner instituted a suit for recovery of dowry articles (which is not subject matter of this writ petition) and filed an application for Judicial Separation under Christen Divorce Act, 1869 against respondent No.3 on 14.11.2018 by seeking dissolution of her marriage on the grounds of adultery and cruelty. Respondent No.3 filed contesting written reply and refuted all the allegations of adultery…

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