Figure Out the Suit For Dissolution of Marriage in Pakistan:
Petition for leave to appeal was sought in case of dissolution of marriage in Pakistan. Contention of petitioner/husband that while granting Khula no direction for the return of monetary benefits had been made in favor of the petitioner. High Court being satisfied that the dissolution of marriage in Pakistan by way of Khula was based on evidence and there was no infirmity, legal or otherwise, however, had observed that if the petitioner was keen for the return of benefits, if any, he could file a suit. Held, petitioner, as observed by the High Court had the right to seek the remedy but in case like the present one, he not having insisted, at proper stage, for the determination of exact benefits received by the wife for their return, as he might have thought below his dignity to do so, the same could not be asked for in the Constitutional jurisdiction of the High Court which was highly discretionary.
Appeal of Suit of Dissolution for Marriage in Pakistan:
Present case was not at all fit for grant of relief asked for in discretionary writ jurisdiction of the High Court. Judgment of the High Court being unexceptionable and matter having finally stood closed, it would be futile exercise for petitioner to file afresh suit. Leave to appeal was refused. Dissolution of marriage in Pakistan if maintainable on any ground, same not to be assailable in writ jurisdiction. Decree for dissolution of marriage if maintainable on any ground cannot be assailable in writ jurisdiction simply because of failure or Judge Family Court to determine benefits received by wife as consideration of marriage thereof. Husband approached Court of District Judge for transfer of suit to elsewhere-Husband opted for resolution of his all matrimonial disputes with his wife through a panel of Advocates, nominated by him. During pendency of suits before Family Court at mailsi, husband approached Court of District Judge for transfer of suit to elsewhere.
Suit transfer application from Husband:
Suits were transferred to the Court of Senior Civil Judge. During pendency of the suits and transfer application before District Judge, husband opted for resolution of his all matrimonial disputes with his wife through a panel of Advocates, nominated by him, by making a statement on oath that any award/decision by panel would be binding upon him. Arbitrators filed their award before District Judge but was acted upon and incorporated by transferee Court in its judgment, where on basis of unanimous findings of panel of Advocates, suits filed by wife were decreed. Husband objected to decree passed by Family Court. Appeals were dismissed by first Appellate Court.
Recovery after Dissolution of Marriage:
Writ petition was allowed to check whether procedure adopted by Family Court was regular or irregular and was in accordance with law or otherwise. Any such attempt made by Judge Family Court for settlement of any matrimonial dispute including issue of dower, dowry, maintenance of wife is to advance the concept of Islamic Principle i.e., settlement of dispute in an amicable manner. Judgment and decree of Family Court which was confirmed in appeal by District Judge did not suffer from any jurisdictional error, nor were their judgments in any manner in conflict with procedure prescribed under Act. There were some misconception findings recorded by High Court by means of impugned judgment. Appeal was allowed in case of dissolution of marriage in Pakistan.
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