Law: West Pakistan Family Courts Act, 1964

Section: 5

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act, 1964 (XXXV of 1964)-- ----S. 5--Constitution of Pakistan 1973, Art. 199--Suit was instituted for Dissolution of marriage on basis of Khula--Recovery of dower (Mahr)--Recovery of gold ornaments--Maintenance for wife--Maintenance for minor daughters and possession/alternate value of one-fourth share in house--Family Court--Appeal--Suit partly decreed--Appeal filed by husband--Allowed--Remand--Appellate jurisdiction--Scope of remand--Exceptional power--final adjudication--duty of appellate Court--Ex-parte proceedings--Fresh trial--Reappraisal of evidence--Material issue--Opportunity of hearing--Family litigation--Avoidable delay--Constitutional jurisdiction--High Court--Restoration of decree--Power of remand was a corrective and exceptional jurisdiction to be exercised with great circumspection and only where interests of justice so demanded, such as where a material issue had remained wholly undecided, essential evidence had not been considered, or a party had been denied a fair and meaningful opportunity to present its case. Such power was not intended to displace duty of an appellate Court to decide matter on available record, nor could it be invoked as a matter of routine or employed to prolong litigation, reopen concluded matters, or enable a negligent litigant to fill lacunae or repair weaknesses in his case--Trial Court had framed issues arising from pleadings of parties, afforded full opportunity to adduce evidence, and rendered a reasoned judgment, and no material issue had remained unaddressed, no indispensable evidence had been excluded, nor any party had been denied a fair opportunity of hearing, appellate Court was required to examine correctness of findings, reappraise evidence where necessary, and determine appeal finally in accordance with law instead of remanding matter--A litigant who, after having entered contest, voluntarily withdrew from proceedings and was rightly proceeded against ex-parte in accordance with law, could not subsequently invoke his own default as a basis to seek reopening of case or a fresh trial--Appeal…