Case Details

Citation(s)
2013 SLG 816 2013 SLD 816 2013 CLC 1203
Peshawar High Court
Writ Petitions Nos.172 of 2010 and 57 of 2011, decision dated: 11-12-2012
KHALID MEHMOOD, J

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Mst. RABIA RASHEED

VS

FAISAL MIR and 4 others

Law: Family Courts Act, 1964

Section: 14(2)(a)

Law: Family Courts Act, 1964

Section: 14(2)(a)

Law: Dissolution of Muslim Marriages Act, 1939

Section: 2(iii)(d)

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 14(2)(a)---Dissolution of Muslim Marriages Act (VIII of 1939), S.2(iii)(d)---Dissolution of marriage---No appeal against decree for dissolution of marriage---Object---Exception---Object to deprive from filing of appeal against the decree regarding dissolution of marriage is to shorten the agony and to resolve the controversy expeditiously---Theme behind the proceedings of reconciliation proceedings before and after evidence and taking out of the right of appeal in case of dissolution of marriage by the Family Court is only to settle the matter regarding the marriage of the spouses as early as possible---No right of appeal is provided if marriage was dissolved by the Family Court; however, if marriage was dissolved under S.2(iii)(d) of the Dissolution of Muslim Marriages Act, 1939, then right of appeal had been awarded before the District Judge. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 14---Appeal---Scope---Except in case of decree of dissolution of marriage, appeal would be entertained by the District or Additional District Judge. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 14---Appeal---Powers of District/Additional District Judge---Proceedings before the District Judge in case of appeal were the continuation of the proceedings, which culminated in the shape of decree granted by the Family Court---District Judge/Additional District Judge had all the powers which the Family Court possessed. (d) Dissolution of Muslim Marriages Act (VIII of 1939)--- ----S. 2---Dissolution of marriage---Grounds---Cruelty and torture---Cruelty and torture cannot be considered only when one was physically tortured---When during the period of matrimonial relation husband neglected his wife; showed reluctance to pay the maintenance allowance; defaulted in payment of dower and left his wife at the mercy of his relatives i.e. parents etc. and lived separately for a long time from the wife, especially after contracting second marriage without the consent of first wife, such were the grounds of cruelty which the wife mentally, psychologically and spiritually suffered and attracted the grounds…
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