Law:

Section:

West Pakistan Family Courts Act (XXXV of 1364)--- ----S. 5 & Sched.---Suit for dissolution of marriage---Wife filing suit for dissolution of marriage against husband on ground of cruelty and non., maintenance, ' produced evidence in proof of her case which remained unchallenged as husband after filing written statement remained absent and consequently suit was decreed---Decree was challenged through Constitutional petition on grounds that Court decreeing suit had no jurisdiction as parties were not residing in its jurisdiction and that post-trial reconciliation was not held by Court after evidence was recorded---Husband, who otherwise did not plead in his written statement that Trial Court had no jurisdiction, was proved to be resident of locality under jurisdiction of Court and husband himself was responsible for omission to hold post-trial re-conciliation as he and his counsel both continuously remained absent after wife's evidence was recorded---Husband neither cross-examined wife and her witnesses nor appeared on any date till was pronounced---Suit for dissolution of marriage filed by wife, was rightly decreed against husband in circumstances. F'LD 1969 Dacca 548; Goas Ali v. Feroza Khatoon, PLD 1971 SC 192 Mohammad Siddiq v. Mst. Ghafuran Bibi 1990 ALD 180 Bashir Ahmed v. Mst. Zubaida Bibi and PLD 1977 Kar. 955 Mst. Shamshad Begum v. Abdul Haque alias Nawaz and 2 others ref. JUDGMENT By this petition, judgment of Vth Civil and Family Judge, Karachi (West) dated 17th November, 1990, is challenged whereby the learned Court had decreed the suit of the respondent and dissolved the marriage between the parties. 2. The respondent had filed suit for dissolution of the marriage on the ground of cruelty and non-maintenance. It was alleged the respondent was married to the petitioner on 27-2-1988. Dower was fixed q Rs.25,000. A few days after the marriage, the petitioner started quarreling with the respondents on petty matters and gave her physical and mental torture in order to conceal his physical incapacity of discharging his marital obligations as he was a chronic heart patient which fact he had not disclosed to the respondent's side prior to marriage. On…

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