| Case ID |
46379abd-97e7-4c46-818c-94a5cec0c090 |
| Body |
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| Case Number |
W.P No. 529-D of 2015 |
| Decision Date |
Jun 23, 2015 |
| Hearing Date |
Jun 23, 2016 |
| Decision |
The writ petition was partially allowed, with the judgments of the lower courts being set aside. The Family Court is directed to provide a full opportunity for hearing to both parties and decide the case in accordance with the law. The application filed by the petitioners to set aside the ex parte decree was accepted regarding the recoveries and return of dowry articles. A cost of Rs. 5000/- was imposed. This decision emphasizes the importance of following legal procedures, particularly in Family Court matters, ensuring that rights are protected and due process is followed. |
| Summary |
In the case of W.P No. 529-D of 2015, the Peshawar High Court addressed critical issues related to ex parte decrees in family law. The court ruled on the applicability of the Family Courts Act, 1964, particularly sections 9(5), 9(6), 9(7), and 12. The petitioners, represented by Mr. Muhammad Wahid Anjum, argued against the dismissal of their application to set aside an ex parte decree, which was granted in favor of the respondents, Mst. Deena Bibi and others. The court found that the lower courts failed to follow proper procedures, particularly regarding the notice of the ex parte decree. The judgment highlighted the necessity for Family Courts to send notices of ex parte decrees and to make efforts for reconciliation. The decision serves as a significant reference for family law practitioners, emphasizing the importance of adhering to statutory obligations and ensuring fair treatment for all parties involved. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD GHAZANFAR KHAN
|
| Lawyers |
Mr. Muhammad Wahid Anjum,
Ch. Muhammad Aziz
|
| Petitioners |
others,
Syed AGHA HUSSAIN SHAH
|
| Respondents |
others,
Mst. DEENA BIBI
|
| Citations |
2017 SLD 239,
2017 PLJ 1
|
| Other Citations |
Not available
|
| Laws Involved |
Family Courts Act, 1964
|
| Sections |
9(5),
9(6),
9(7),
12
|