Law: Family Courts Act, 1964

Section: 10(4)

Law: Family Courts Act, 1964

Section: 10(4)

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched. & S.10(4)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Dissolution of marriage on basis of Khula--Scope---Plaintiff filed suits for dissolution of marriage and maintenance, dowry articles and birth expenses of Rs.10, 000---On statement of plaintiff that she did not want reconciliation with defendant and her suit for dissolution of marriage should be decreed on the basis of Khula, Trial Court passed an order for dissolution of marriage on the basis of Khula in terms of S.10(4) of the West Pakistan Family Courts Act, 1964 and an interim maintenance allowance for the minor daughter in the sum of Rs.1,500 per month---Defendant asserted that provisions of S.10 of the West Pakistan Family Courts Act, 1964 were mandatory and after pre-trial hearing, court was required to frame issues and fix a date for recording of evidence---Validity---Family Court had been granted powers to pass a decree for dissolution of marriage forthwith if reconciliation failed---Family Court was not obligated to follow the sequential order given in S.10 of West Pakistan Family Courts Act, 1964 in the event of failure of reconciliation where a decree for dissolution of marriage was sought/granted on the ground of Khula---Proviso to S.10(4) of West Pakistan Family Courts Act, 1964 was couched in such language, containing a non obstante clause giving wider power to the Family Court to dissolve the marriage when facts of the case would permit such course and the provision was enacted to avoid unnecessary delay---High Court declined to interfere in constitutional jurisdiction. PLD 1984 SC 549 rel. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Interim maintenance---Only grounds alleged by plaintiff to challenge interim maintenance that he was unable to pay said amount as his monthly income was only financial resources in absence of any material on record was not justified. Muhammad Sharif Chohan for Petitioner. ORDER IJAZ-UL-AHSAN, J.---This petition arises out of an order dated 30-6-2009 passed by the learned Judge Family Court, Lahore. 2. Arooj Lateef, respondent No.2…

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