Law: West Pakistan Family Courts Act, 1964

Section: 14

West Pakistan Family Courts Act (XXXV of 1964)-- S. 14 --- Constitution of Pakistan (1973), Art.199 --- Constitutional petition, maintainability of --- Wife who could challenge decision of Family Court, whereby she was deprived of her right to receive dower and maintenance, by riling appeal under S.14 of the Act, having failed to avail of that remedy, Constitutional petition against decision of Family Court was not maintainable. Mst. Rushda Zareen v. Muhammad Saleh P L D 1976 Lah. 1327; Muhammad Shafi v. District Judge and another 1982 C L C 2057 and Bashira Bibi v. Muhammad Rafi and 2 others 1982 C L C 1200 ref. Malik Noor Muhammad for Petitioner. Pervaiz 1. Mir for Respondent No.l. Nemo for Respondent No.2. Date of hearing: 4th March, 1991. JUDGMENT Rukhsana Kausar petitioner was married to Mian Abdul Rauf, respondent No.1, on 15th September, 1978, against a dower of Rs.32.62. It appears that Rukhsati took place on 25th January, 1980, but unfortunately the spouses fell apart. On 22nd January, 1985, a suit was filed by the petitioner against the respondent seeking a decree for dissolution of marriage on the grounds of cruelty; non-maintenance, misappropriation of articles of dowry and Khula. The suit was resisted by the respondent by filing a written statement which led to the framing of relevant issues on which the Family Court recorded the evidence of the parties. During the course of her statement, on 2nd January, 1986, the petitioner offered to forego her dower and maintenance, if she was granted Khula. Shealso undertook to renounce the right as to the custody of the two minor daughters. However, on 25th January, 1986, she stated that she was not willing to hand over the custody of the daughters to the petitioner. Subsequently, counsel for the petitioner made a statement that the petitioner being a lady, had not understood the contents of the statement made by her on 2nd January, 1986 and she wishes to withdraw that statement. On 16th March, 1986, the Family Court recorded the statement of respondent No.1 wherein he indicated his willingness to accept the offer made by the Petitioner for grant of Khula. Vide the impugned order, dated 25th March, 1986, the…