| Case ID |
d694da77-03db-4a17-96d9-8209268c62d6 |
| Body |
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| Case Number |
C.P. No. S-792 of 2013 |
| Decision Date |
Sep 25, 2017 |
| Hearing Date |
Sep 18, 2017 |
| Decision |
The High Court set aside the ex parte decree passed against Saeed Ahmed Khan due to improper service of notice. The court ruled that the Family Court did not follow the correct procedure for substituted service as required under Order V, Rule 20 of the Civil Procedure Code. The petitioner was not properly served, and there was no evidence indicating he was avoiding service. Consequently, the case was remanded to the Family Court for fresh proceedings regarding the recovery of dowry articles, allowing the petitioner to defend himself. |
| Summary |
In the case of Saeed Ahmed Khan vs. VIIth Additional Sessions Judge, Hyderabad, the petitioner challenged the ex parte decree that dissolved his marriage and ordered the recovery of dowry articles. The Family Court had declared him ex parte due to publication of notice in a newspaper, which was deemed ineffective by the High Court. The court emphasized the need for proper service protocols under the Family Courts Act and the Civil Procedure Code. The judgment highlighted the importance of ensuring that parties are not condemned unheard and stressed the necessity of proper legal representation. This case underscores the significance of adhering to procedural laws in family disputes, particularly in matters of marriage dissolution and dowry recovery. Keywords: Family Courts Act, Civil Procedure Code, ex parte decree, dowry articles recovery, proper service of notice. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Arshad Hussain Khan
|
| Lawyers |
Muhammad Zaman Zaur,
Ghulam Shabbir Zardari
|
| Petitioners |
Saeed Ahmed Khan
|
| Respondents |
Ghulam Shabbir Zardari,
VIIth Additional Sessions Judge, Hyderabad
|
| Citations |
2019 SLD 827,
2019 CLC 643
|
| Other Citations |
Haji Akbar v. Gul Baran 1996 SCMR 1703,
Mrs. Nargis Latif v. Mrs. Feroz Afaq Ahmed Khan 2001 SCMR 99,
Messrs AXLEPRODUCTS Limited v. Messrs Allied Bank of Pakistan Ltd., 2001 SCMR 1469
|
| Laws Involved |
Family Courts Act, 1964,
Civil Procedure Code (V of 1908)
|
| Sections |
9(6),
O.V,R.20
|