Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-­-Ss. 14 & 17--Civil Procedure Code (V of 1908), Ss. 9 & 10--Appeal­ Single appeal filed against consolidated in two cases-Appeal dismissed on merits and on such technical ground--Order impugned in Constitutional petition--Case remanded for decision afresh on ground that Courts below had misdirected themselves in exercising jurisdiction possessed by them--Order of remand challenged--Provisions of Civil Procedure Code other than Ss. 10 and 11 being inapplicable to proceedings, technical objection of filing a single appeal against consoli­dated , when it was manifestly directed against decision in both, not to stand in way of adjudication--Trial Court to record its own finding afresh after adverting to sources indicated in impugned --Leave to appeal refused. ORDER SHAFIUR RAHMAN, J.-- The petitioner, a husband, seeks leave to appeal against the judgment of the Lahore High Court, dated 4-6-1984 whereby a Family Court matter was remanded for decision afresh. The petitioner sought restitution of conjugal rights. The respondent wife sought dissolution of marriage. The Family Court dismissed the wife's suit, and decreed that of the husband. The filed only one appeal questioning the judgment common to both the causes. The Appellate Authority dismissed the appeal on merits as well as for the reason that only one appeal was filed and not two. The High Court in allowing the Constitutional Petition and remanding the case held that the two Courts dealing with the matter had misdirected themselves, as enumerated-hereunder, in exercising the jurisdiction possessed by them:- "(i) Dissolution by Khula was considered not justified as the "wife has got married once too often". After examining the background of this marriages it was held…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492