Law: Family Courts Act, 1964

Section: 10,10(3),10(4)

Law: Family Courts Act, 1964

Section: 10,10(3),10(4)

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched. & S.10(4)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for dissolution of marriage---Pre-trial conciliation proceedings after filing of written statement---Recording of plaintiff's statement at such stage on a date of which defendant had no notice---Family Court decreed suit by invoking provisions of S.10(4) of Family Courts Act, 1964---Validity---Family Court, in case of' failure of reconciliation between parties, was obliged to frame issues and record evidence, but being oblivious of such procedure, plaintiff's statement was recorded in absence of the defendant---No pre-trial hearing had been done and no effort for reconciliation had been made---Parties had married three decades ago, which had been dissolved without following the law---Family Court had awarded decree in an illegal exercise and unwarranted haste at the back of defendant---High Court accepted constitutional petition, declared impugned decree to be void and non-existent in eye of law, resultantly suit would be deemed pending before Family Court for its fresh decision in accordance with law. Malik Abdul Wahid for Petitioner. Mehr Atta-ur-Rehman for Respondent No.1. ORDER MUHAMMAD MUZAMMAL KHAN, J.--- Instant constitutional petition prayed judgment/decree, dated 26-9-2005 passed by the learned Judge, Family Court (respondent No.2) to be declared illegal, void and of no legal consequence, whereby suit for dissolution of marriage filed by respondent No. 1 was decreed. 2. Precisely, relevant facts are that respondent No.1 was married with the petitioner on 19-5-1978, according to Muslim rites through a registered Nikahnama. Relations between the spouses did not remain cordial and ultimately resulted in separation. Respondent No.1 during her desertion filed a suit for dissolution of her marriage with the allegations, inter alia, that petitioner had been treating her with habitual cruelty and had been attributing to her unfounded allegations of immorality. She also prayed a decree for dissolution of marriage on the basis of "Khula" in lieu of her unpaid dower of Rs.32.62. 3. Petitioner being defendant…

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