Law: Divorce Act, 1869

Section: 10,22

Divorce Act (IV of 1869)--- ----Ss. 10 & 22---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for dissolution of Christian marriage---Suit by wife was decreed by the Family Court merely on her statement in which she deposed on oath that she was not ready to live with defendant at any cost---Appellate Court, on appeal, remanded the case to Family Court on the ground that dissolution of marriage was not in accordance with provision of Divorce Act, 1869 applicable to the parties and directed the Family Court to decide the suit afresh in view of Divorce Act, 1869---Validity---Mere statement of plaintiff that she was not willing to live as a wife with defendant was not sufficient for the purpose of dissolution of Christian marriage---Bond of marriage between Christian husband and wife being of permanent nature, wife had to prove her case on the concrete facts after leading reliable and cogent evidence to the facts on which the claim of dissolution of marriage was based---Only then the court could grant a decree for a judicial separation within the meaning of S.22 of the Divorce Act, 1869 or to dissolve the marriage under S.10 of said Act---Appellate Court in circumstances, had rightly remanded case to the Family Court which would proceed with the case from the stage on which the plaintiff made better statement in which she had deposed that she was not ready to live with defendant at any cost---Family Court after framing the issues and recording evidence, would decide the matter afresh in accordance with the law applicable. JUDGMENT SYED SHAHEEN MASUD RIZVI, J.---Mst. Parveen Amanual, the petitioner filed a suit for dissolution of her marriage before the learned Judge Family Court, Rahimyarkhan under the Divorce Act, 1869, which is applicable to the persons professing the Christian religion. The suit was contested by Respondent No.3, Razzaq Shakir, the husband. The case was still at the initial stage when on 4-10-2005, the learned Judge Family Court recorded the better statement of the petitioner-plaintiff, wherein she stated that:-- After recording the above said statement, the suit of the petitioner-plaintiff for dissolution of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492