Law: Family Courts Act, 1964

Section: 10(4)

Law: Family Courts Act, 1964

Section: 10(4)

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched. & S.10(4), proviso---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for dissolution of marriage---Failure of pre-trial reconciliation efforts between spouses---Plea of husband that marriage could not be dissolved without returning gold ornaments in addition to Haq Mehr received by wife during marriage---Framing of issues by Family Court instead of decreeing suit on failure of such efforts---Validity---Proviso to S.10(4) of West Pakistan Family Courts Act, 1964 was in nature of non obstante clause having overridden sequential order given therein---Going beyond language of such proviso and reading other matters therein would defeat and nullify its intent---Court on failure of such efforts was bound to decree suit and restore to husband Haq Mehr received by wife in consideration of marriage at time of marriage---Matter of dissolution of marriage could not be held up till outcome of proceedings for recovery of gold ornaments---High Court set aside impugned order for being contrary to dictates of law---Principles. N.A. Butt for Petitioner. Mian Tariq Manzoor for Respondent No.1. ORDER IJAZ-UL-AHSAN, J.---Short question involved in this petition is whether it is incumbent upon the Family Court to pass a decree for dissolution of marriage forthwith in case pre-trial reconciliation efforts fail. 2. The learned counsel for the petitioner states that it is common ground between the parties that pre-trial reconciliation efforts failed, however, instead of passing a decree for dissolution of marriage in terms of the proviso to section 10 of the West Pakistan Family Courts Act, 1964, the learned trial Court has proceeded to frame issues and is in the process of conducting a trial while keeping the marriage intact. It is submitted that the said act on the part of the learned trial Court is illegal in view of the express powers granted to it by virtue of insertion of the aforesaid proviso by Family Courts Ordinance (Ordinance No.LV) of 2002 dated 1-10-2002. 3. The learned counsel for the respondent argues that there is an allegation in the pleadings of the parties that some gold…

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