Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S.S---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Dissolution of marriage ---Khula---Non-framing of issues---Power of attorney, ratification of---Husband was residing in Pakistan whereas wife was residing in a foreign country---Suit filed by wife through her attorney was decreed on the basis of Khula---Plea raised by husband was that the suit was not filed through duly constituted attorney and no issues were framed---Validity---If suit was not instituted through duly constituted attorney, the second power of attorneys executed by wife, empowered the attorney to do the needful---Wife also submitted affidavit and admitted execution of both special power of attorneys___ Institution of suit, even if the same was instituted unauthorizedly, stood ratified in view of the recitals contained in subsequent special power of attorney, execution whereof could not be called in question---Wife had developed hatered against her husband, therefore, there was no possibility of parties living together as husband and wife---Family Court had rightly decreed the suit on the basis of Khula---Judgment mistakenly showed that Family Court had decided the case after framing of issues but it made no difference because the suit was decreed on the basis of Khula---Suit could not be dismissed merely on the ground that no issues were framed---There was no illegality or infirmity in the so as to warrant interference by High Court in Constitutional jurisdiction---Petition was dismissed in circumstances. Mst. Surayya Kausar v. Muhammad Asmat Ullah 2000 MLD 507 rel. Ch. Muhammad Abdullah for Petitioner. Munawar-us-Salam for Respondents. Date of hearing: 22nd July, 2005. JUDGMENT In this Constitutional petition the petitioner has prayed for setting aside judgment, dated 18-5-2005, passed by learned Judge, Family Court, Lahore, whereby, suit for dissolution of marriage, brought by Faiza Sadiq (respondent No.2) against the petitioner, was decreed on the basis of ' Khula'. 2. Relevant facts for the disposal of this writ petition are that Faiza Sadiq, respondent No.2, filed suit for dissolution of marriage, dower and…

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