Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)----------S. 10---Reconciliation proceedings--- Held, as to how and in what manner the conciliation proceedings were to be conducted by the Family Court was a matter within the exclusive jurisdiction of the said Special Tribunal. (b) West Pakistan Family Courts Act (XXXV of 1964)----------- ----S. 10(4) [as amended by Family Courts (Amendment) Ordinance (LV of 2002)]---Constitution of Pakistan (1973), Arts. 199, 2A, 227 & 203-D---Constitutional petition ---Repugnancy to Injunctions of Islam---Section 10(4), proviso [as amended] of the West Pakistan Family Courts Act, 1964 could not be established to be. repugnant to Injunctions of Islam---Federal Shariat Court under Art. 20-D, Constitution of Pakistan (1973) may either of its own motion or on the petition of a citizen of Pakistan or the Federal Government examine and decide the question whether or not any law or provision of law was repugnant to the Injunctions of Islam as laid down in the Holy Qur'an and Sunnah---Even if there was any force in the contention about the repugnancy of S. 10(4) [as amended], the appropriate remedy lay before the Federal Shariat Court. (c) West Pakistan Family Courts Act (XXXV of 1964)------- ----S. 10(4) [as amended by Family Courts (Amendment) Ordinance (LV of 2002)]---Provision of S. 10(4) of the Act [as amended] being a procedural law was retrospective in nature and procedure provided in the amended section 10(4) of the Act would be applicable to the suit for dissolution of marriage filed before the introduction of the amendment in S.10(4). M. Kowkab Jqbal for Petitioner. Abdul Rehman Siddiqui for Respondent Date of hearing: 8th April, 2003. ORDER Briefly the facts are that respondent No.2 instituted a suit for dissolution of marriage, on various grounds including the ground of Khula'. The petitioner filed a suit for restitution of conjugal rights. Both the suits were consolidated and pre-trial reconciliation proceedings were conducted. Respondent No.2 appeared in Court and stated that she did not want reconciliation with the petitioner. Thereafter, the issues were framed on 2-11-2002 and the case was adjourned to 23-11-2002…

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