Law: Family Courts Act, 1964

Section: 14(1)(b),14(2),5, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ---Ss.14(1)(b), 14(2) & 5, Sched:---.---Constitution of Pakistan, Art. 199---Decree for jactitation of marriage passed by Family Court---Constitutional petition filed directly against such decree---Maintainability---Constitutional petition would not be maintainable as alternate remedy of filing appeal in terms of S. 14(1)(b) of West Pakistan Family Courts Act, 1964, would be available with the petitioner. Mst. Musarrat Sultana v. Bashir Ahmad and another PLD 1986 Lah. 189 rel. THIS ORDER PASSED BY: SHUJAAT ALI KHAN, JUSTICE:---.--- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has challenged judgment and decree dated 19-6-2012 passed by learned Judge Family Court, Khanpur, District Bahawalpur (respondent No.1). 2. Unnecessary details apart, respondent No.2 filed a suit for jactitation of marriage which was decreed by virtue of ex parte judgment and decree dated 19-6-2012. Aggrieved by the said judgment and decree the petitioner has filed the instant petition. 3. Despite repeated queries, learned counsel for the petitioner has failed to satisfy this Court how this constitutional petition is directly maintainable rather he took the stance that decree for jactitation of marriage being non-appealable and non-revisable, no remedy is available with the petitioner except to invoke the constitutional jurisdiction of this Court. 4. I do not find myself in agreement with learned counsel for the petitioner for thereason that as ex parte judgment and decree has been passed against the petitioner, he can challenge the same by filing an application for setting aside thereof or by way of filing an appeal. 5. Further, section 14 of West Pakistan Family Courts Act, 1964, deals with the subject of appeals against the decision or decree passed by a family court, which, for facility of reference is reproduced herein below:--…

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