2013 PLP 762 (CLC)
ARIF NAWAZ — Petitioner Versus Mst. RABIA and another — Respondents
| Citation | 2013 PLP 762 (CLC) |
| Forum / Court | Sindh |
| Bench Members | N/A |
| Parties | ARIF NAWAZ — Petitioner Versus Mst. RABIA and another — Respondents |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 2013 PLP 762 (CLC)?
This judgment primarily cites: West Pakistan Family Courts Act (XXXV of 1964) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 762 (CLC)?
The case was heard and decided by the Sindh bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 762 (CLC) (ARIF NAWAZ — Petitioner Versus Mst. RABIA and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Gulshan R. Dayo for Petitioner.
Headnotes / Summary
S. 10(4)
Constitution of Pakistan, Art.199
Constitutional petition
Failure of pre-trial proceedings
Power of Family Court to pass decree without examining witnesses
Scope
Plaintiff/wife had filed suit for dissolution of marriage (khula) and after pre-trial proceedings had failed, Family Court decreed her suit without examining any witnesses
Contentions of defendant/husband were that Family Court had not considered his written statement and decreed the suit of plaintiff/wife without examining any witnesses, and that his articles were still in possession of the plaintiff/wife
Family Court was empowered to decide the matter after failure of pre-trial proceedings without examining any witness
Defendant/husband could file a suit for recovery of his articles before the competent court of law
Constitutional petition was dismissed accordingly.
Judgment & Decree
HABIB-UR-REHMAN SHAIKH, J.
The petitioner has filed this petition challenging the order of Civil Judge and Family Judge-X, Hyderabad. The relevant paragraph of impugned order reproduced as under:
"keeping in mind the submission of parties made before me and in view relevant case-law and provisions of section 10(4) West Pakistan Family Courts Act, I, hereby declare the pretrial proceedings as failed. Accordingly the suit of the plaintiff is decreed. The marriage of plaintiff Mst. Rabia daughter of Allah Bachayo is dissolved with defendant Arif Nawaz son of Muhammad Nawaz by way of khula in lieu of her dower amount." Learned counsel contended that the Family Judge has not considered written statement and decreed the suit of the plaintiff without examining any witness and passed the judgment after failure of pre-trial in view of section 10(4) of the West Pakistan Family Courts Act, 1964. For the sake of convenience above section is reproduced below:
"10(4) If no compromise or reconciliation is possible, the court shall frame the issues in the case and fix a date for the recording of the evidence. Provided that notwithstanding any decision or judgment of any court or Tribunal, the Family Court in a suit for dissolution of marriage, if reconciliation fails, shall pass decree for dissolution of marriage forthwith and shall also restore to the husband the Haq Mehr received by the wife in consideration of marriage at the time of marriage". In the above mentioned section the Family Court is empowered to decide the matter after failure of pre-trial without examining any witness and the grievance of the petitioner is that his articles are still in possession of the respondent. The petitioner may file the suit for recovery of articles before the competent court of law and this petition is dismissed in limine. MWA/A-113/K Petition dismissed.