Law: Family Courts Act, 1964

Section: 5,10,10(4), Schedule

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5, Sched. & S.10(4), Proviso---Constitution of Pakistan Art.199---Constitutional petition---Suit for recovery of dower amount and dissolution of marriage on ground of Khula---Plea of husband that dower amount had been paid to wife on wedding night--Failure of conciliation proceedings between parties and wife's statement before Court that she would prefer to die than to live with the husband---Passing of decree for dissolution of marriage by Family Court while framing issue regarding payment of dower and fixing case for recording evidence of parties thereon-Validity-Family Court after passing decree had not refused to restore dower to husband, but had postponed its return till decision of such issue after recording evidence of parties---Family Court had correctly put to rest controversy without committing any error of law or facts---High Court dismissed constitutional petition in circumstances. PLD 1967 SC 97; PLD 1989 Pesh. 1; Surah Al-Baqra Ayat No.229 of the Holy Quran and compiled by Mian Masood Ahmed Bhutta, Advocate ref. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 10---Conciliation proceedings in presence of counsel for parties---Such presence neither necessary nor required---Family Court had exclusive jurisdiction to decide as to how and in what manner such proceedings should be conducted---Principles. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----Preamble, Ss. 5 & 17---Proceedings before Family Court---Non-applicability of provisions of C.P.C. to such proceedings---Effect---Family Court could adopt procedure of its choice in order to meet situation not visualized in West Pakistan Family Courts Act, 1964---Principles. Khalil-ur-Rehman Bhutta v. RaziaNaz 1984 CLC 890; Shahzada Jawaid v. Mst. Sadia Rauf and another 2000 MLD 1301; Mirza Shahid Baig v. Mst. Lubna Baig and 2 others 2004 CLC 1545 and Muhammad Deen v. Aalia Bibi and another PLD 2007 Lah. 425 rel. (d) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 10(4), Proviso [as added by West Pakistan Family Courts (Amendment) Ordinance (LV of 2002)]---Constitution of Pakistan, Arts. 199, 203-B &…

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