Law: Family Courts Act, 1964

Section: 5,Sched,10(4),Preamble

Law: Civil Procedure Code (V of 1908)

Section: 10,11

Law: Muslim Family Laws Ordinance, 1961

Section: 10,8

Law: Family Courts (Amendment) (Ordinance), 2002

Section: 12A,17

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched., S.10(4), Proviso [as added by Family Courts (Amendment) Ordinance (LV of 2002)]---Dissolution of marriage---Return of dower---Effect of Proviso to S.10(4), West Pakistan Family Courts Act, 1964---Proviso added in S.10(4) of West Pakistan Family Courts Act, 1964 had conferred authority on the Family Court to dissolve marriage, if reconciliation would fail and to direct wife to return the dower she had received. (b) Interpretation of statutes--- ----Intent of legislature of discovery of---Duty of Court---Ordinarily the courts were to interpret the statute to discover the intent of the legislature giving full effect to it in its letter and spirit---Court had no powers to legislate by adding to a statute, what was expressly omitted therefrom or to delete what was expressly mentioned therein---Said principle, was not open to any debate and was subject to exception that Awhile interpreting a statute, court had to supply the obvious omission in that, whether accidental or inadvertent, so that the principal object for which that had been enacted was achieved; and the true intent of legislature was given effect---Court in some cases could also recommend to the legislature to supply such omission through legislation so that the ' error, ambiguity or absurdity therein could be removed and the object sought to be achieved was not defeated---To discover the object and true intent of the legislature behind enacting the Proviso to S.10(4) of the Act, the court had to go through the, entire scheme of law on the subject including the amendments incorporated into it. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----Preamble, S.10(4), Proviso [as added by Family Courts (Amendment) Ordinance (LV of 2002)] & S.17---Matrimonial disputes, expeditious disposal of---Court had to go through the entire scheme including the amendments incorporated into it through Legislation---For carrying out such exercise, the Preamble of the Act had to be attended---For achieving the object of expeditious disposal of matrimonial disputes, through the provision of-S.17 of the West Pakistan Family Courts Act, 1964, the…

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