Law: Family Courts Act, 1964

Section: 10

West Pakistan Family Courts Act (XXXV of 1964)-------S. 10---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Reconciliation under S.10 of West Pakistan Family Courts Act, 1964---Concept---Misreading and non-reading of evidence---Suit for recovery of dowry filed by the plaintiff after dissolution of her marriage with the defendant was partially decreed in her favour by the Trial Court---Appeals filed by both the plaintiff and defendant against the decision of the Trial Court were unsuccessful---Constitutional petition was filed by the defendant---Contention of the defendant was that under S.10 of West Pakistan Family Courts Act, 1964, a mandatory procedure of reconciliation efforts was provided which was not followed by the Trial Court, and therefore the decree was a nullity in the eye of law and moreover, the Courts below had misread and non-read evidence on record---Validity---Concept of reconciliation was relatable to cases, where the matter in issue was about the divorce between the parties but it could have some kind of nexus where the demand was about dower recovery, however, where the marriage between the parties was finally terminated and there was then a suit regarding recovery of dower, there remained no concept for reconciliation---Interpretation and application of S.10 of the West Pakistan Family Courts Act, 1964, therefore, had no relevance in the present case as the marriage was already dissolved between the plaintiff and the defendant---Courts below being Courts of fact had the right, authority and the prerogative to resolve the factual controversy between the parties and such domain extended to the appreciation and the consideration of the evidence led by the parties---No misreading and non- reading of evidence by the Courts below was found---Constitutional petition was dismissed, in the circumstances. ORDER MIAN SAQIB NISAR, J.---The respondent No. 1, after the dissolution of her marriage with the petitioner, which occurred on 20-2-2003, bought the suit for the recovery of dowry articles, mentioned in the list attached to the plaint. or in the alternate the value thereof amounting to Rs.2,00,185; the suit was contested by…

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