| Case ID |
029b43e7-5aa8-41a6-ae92-aea7cdc87400 |
| Body |
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| 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)
|