Legal Case Summary

Case Details
Case ID 029b43e7-5aa8-41a6-ae92-aea7cdc87400
Body View case body.
Case Number W.P. No. 856-M of 2017
Decision Date Dec 11, 2017
Hearing Date
Decision The Family Court granted a preliminary decree for khulla to the plaintiff (wife). The petitioner (husband) contended that reconciliation was necessary and that the matter of dissolution should be decided on merits. However, since both parties resided abroad and neither appeared personally for reconciliation proceedings, the Family Court's decision was deemed valid. The court allowed for evidence to be presented regarding the remaining reliefs requested. The respondent had remarried post-dissolution, supporting the validity of the initial decree. The constitutional petition was dismissed, affirming the Family Court's jurisdiction and decision-making process.
Summary In the case of W.P. No. 856-M of 2017, the Peshawar High Court addressed a family law matter under the Family Courts Act, 1964. The court determined that a preliminary decree for khulla was appropriately granted to the wife, MST. Nazia Iqbal, despite the husband's objections regarding reconciliation. The court emphasized the importance of jurisdiction and the inability for reconciliation due to the absence of both parties in court. This decision highlights key aspects of family law and the procedural requirements for dissolution of marriage. The ruling underscores the court's authority to act in family disputes, particularly where strained relationships are evident. The implications of this case are significant for future family law proceedings, especially those involving parties residing abroad. The case serves as a crucial reference for understanding the application of Section 10(4) of the Family Courts Act, 1964, and sets a precedent for similar cases. Relevant keywords include family law, dissolution of marriage, reconciliation proceedings, and jurisdiction in family courts.
Court Peshawar High Court
Entities Involved Not available
Judges MUHAMMAD NASIR MAHFOOZ, MUHAMMAD IQBAL
Lawyers Razauddin Khan
Petitioners MUHAMMAD NASIR MAHFOOZ
Respondents 4 OTHERS, MST. NAZIA IQBAL
Citations 2018 SLD 1261, 2018 CLC 875
Other Citations Not available
Laws Involved Family Courts Act, 1964
Sections 10(4)