MUHAMMAD ASHRAF MAGSI vs Mst — 2021 CLC 1342 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 1342 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: MUHAMMAD ASHRAF MAGSI vs Mst
Subject matter: Civil
Provisions referred to: S. 10; Family Courts Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ASHRAF MAGSI VS Mst. SHAFIQA AKBAR Ss.5, Sched. & 10 ---Suit for dissolution of marriage---Pre-trial proceedings---Scope---Petitioner assailed the validity of decree passed by Trial Court for dissolution of marriage on the basis of khula---Trial Court had afforded several opportunities to the defendant to appear for pre-trial reconciliation proceedings to reconcile the controversy but he failed to do so, therefore, the right of the petitioner was struck off---Validity---No specific provision existed in the Family Courts Act, 1964, for striking off the defence of the defendant, however, mentioning of a word "if any" in subsection (2) of S.10 of the Family Courts Act, 1964, clearly showed the intention of legislature that the Family Court was neither helpless nor supposed to act as a silent spectator towards the inaction of the defendant in filing of written statement or not appearing for pre-trial reconciliation and if need arose it could proceed to strike off the defence of the defendant---Trial Court had not committed any illegality or irregularity warranting interference by the High Court in exercise of its constitutional jurisdiction---Constitutional petition was dismissed, in circumstances.

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