| Case ID |
2dffe706-7d5e-45ca-ba86-4b0c04180019 |
| Body |
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| Case Number |
1075-D of 2019 |
| Decision Date |
Sep 14, 2020 |
| Hearing Date |
Sep 14, 2020 |
| Decision |
The High Court found that the Family Court had improperly dissolved the marriage based on insufficient evidence. The petitioner, Asif Raza Masih, contested the dissolution, arguing that the Family Court lacked jurisdiction over non-Muslim matters. The High Court ruled that the Family Court's jurisdiction is not limited to Muslim cases and that the Family Court should properly assess the evidence and issues before making a decision. The order of the Family Court was set aside and the case was remanded for further proceedings. |
| Summary |
This case involves a writ petition filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, challenging the dissolution of marriage by the Family Court. The petitioner, Asif Raza Masih, contended that the Family Court lacked jurisdiction to decide on matters involving non-Muslims. The High Court emphasized the necessity of proper evidence in cases of marital dissolution, especially under Christian personal law, where the bond of marriage is considered permanent. The decision ultimately clarified the jurisdiction of Family Courts in Pakistan, allowing for the consideration of non-Muslim matters and ensuring that judicial processes adhere strictly to the legal standards required for marriage dissolution. The case highlights the importance of evidence in family law and the need for courts to properly frame issues and record evidence before arriving at a decision. This ruling is significant for family law practitioners and advocates working in the domain of marital disputes, providing clear guidance on jurisdictional matters and evidentiary standards. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKOOR,
SAHIBZADA ASADULLAH
|
| Lawyers |
Muhammad Taqqi Jan Sappal,
Muhammad Abdullah Baloch
|
| Petitioners |
Asif Raza Masih
|
| Respondents |
OTHERS,
MST. SOFIA ALIAS PINKY
|
| Citations |
2021 SLD 659,
2021 PLD 41
|
| Other Citations |
PLD 1982 FSC 48
|
| Laws Involved |
Family Courts Act, 1964,
Muslim Family Laws Ordinance, 1961,
Divorce Act, 1869
|
| Sections |
5,
7,
8,
9,
10,
10,
22
|