Law:

Section:

(a) Dissolution of Muslim Marriages Act (VIII of 1939)------S. 2(ii) & (viii)---West Pakistan Family Courts Act (XXXV of 1964), S.14---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Suit for dissolution of marriage on grounds of cruelty and non-maintenance---Dismissal of suit---Appeal, maintainability of---Suit having been dismissed by the Family Court, appeal was filed before the District Judge---Counsel for the appellant, during pendency of appeal withdrew the same under some misconception of law stating that no appeal was competent against the decision of dismissal of suit for dissolution of marriage and that order of dismissal of suit passed by the Family Court would be challenged in High Court in Constitutional petition---Such action was certainly an act of negligence or carelessness of the counsel and the plaintiff was not at fault---Appellate Court passed a mechanical order while returning the memorandum of appeal with the observation that appellant could approach a competent Court of law subject to all just exceptions--- Validity---Appellate Court should not have dealt with the application filed by counsel for withdrawal of appeal merely from point of speedy disposal of the appeal, but should have used its judicial mind ---Heavy responsibility lay on the Courts in dealing with the matters of oppressed class, particularly in remote and backward areas where the litigants could not have proper legal assistance--­Administration of justice was the ultimate responsibility of the Court and it had to deliver the same in even-handed manners---Role of the Court was not limited to pass a mechanical order on the application submitted by a party, even if such party chose to withdraw the appeal on the ground not legally available---Court had powers to mould the relief and grant same, in the interest of justice, even if not asked---Act of the Court should prejudice no man---Order passed by the Appellate Court was declared to have been passed without lawful authority by the High Court in exercise of its Constitutional jurisdiction---Appeal filed before the Appellate Court which was competent would be deemed to have been validly instituted to…

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