Law:

Section:

Dissolution of Muslim Marriages Act (VIII of 1939)--- ----S. 2 (ii) (viii) (d)---Suit for dissolution of marriage---Suit was resisted by husband only on ground that same was instituted through father of wife who purported to be her attorney, but power of attorney in his favour did not authorise him to file suit---Case of husband was not that suit was filed by father without her consent or against her wishes---Even otherwise power of attorney in favour of father of wife showed that father was authorised to take all actions including filing of suit on her behalf---Decree of dissolution of marriage passed in favour of wife on evidence on record, could not be set aside on ground urged by husband. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 arises out of a suit for dissolution of marriage filed by Mst. Iffat Nasreen respondent No.l against the Petitioner which was decreed by the Family Court on 2-3-1989 on the ground that the Petitioner had misappropriated the articles of dowry; that he had failed to provide maintenance for period of more than two years and lastly Khula. 2. The only argument raised by the learned counsel for the petitioner in support of this petition is that the suit on behalf of respondent No.l had not been filed not by a duly authorised person. It has been explained that suit was instituted by respondent No.l through her father, Syed Fayaz Hussain Shah who purported to be her attorney but power of attorney in his favour did not authorise him to file a suit for dissolution of marriage. 3. There appears to be no merit in this contention. The power of attorney referred to by the learned counsel shows that the attorney, who is the father of the respondent No.l, was authorised to take all…

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