Law:

Section:

West Pakistan Family Courts Act, 1964 (XXXV of 1964)-- ----Ss. 5 & 10 [as amended]--Object and scope of amendment--Object of amendment in West Pakistan Family Courts Act, 1964, is to avoid delay in proceedings and to afford right and remedy available to wife seeking Khula' expeditiously. [P. 200] A West Pakistan Family Courts Act, 1964 (XXXV of 1964)-- ----S. 10(4)--Constitution of Pakistan, 1973, Art. 199--Framing of issues--Question of--Powers of Family Court--Scope--Family Court has power to amend, modify and even reframe issues at any stage of proceedings. [P. 200] B West Pakistan Family Courts Act, 1964 (XXXV of 1964)-- ----Ss. 5 & 10(4)--Constitution of Pakistan (1973), Art. 199-- Constitutional petition--Dissolution of marriage--Khula'--Deposit of dower money--Grievance--After framing of issues, Family Court should not have dissolved the marriage on the basis of Khula'--Right to remarry--Validity--Object of such dissolution of marriage was to provide specific remedy without any undue delay so as not to keep the wife in a state where she might be deprived of her right to remarry while she was of marriageable age, in addition to mental agony and tension which was the objective to meet the ends of justice in the light of enactment--Even if the husband disputed receipt of dower the wife seeking relief by way of Khula' might deposit the amount of alleged dower in Court and the Court under the circumstances was required to allow dissolution of marriage on the basis of Khula' pending decision regarding controversy of the amount of dower to be adjudicated upon at later stage--Even a frivolous claim for dower amount could become a tool to defeat the objective for which the remedy was provided and thus could defeat the purpose of statute--High Court declined to interfere with the and decree passed by Family Court--Petition was dismissed. Order This petition is directed against the impugned judgment dated 10-12-2005 of 2nd Civil Judge and Family Judge, Pano Akil allowing Khula' application registered under F.C. Suit No. 1 of 2005. Marriage of the petitioner with Mst. Hakim, Respondent No. 1 was solemnized in the year, 1999. Dower amount was fixed at Rs.…

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