REHMATULLAH vs Mst — 2021 PLD 145 QUETTA-HIGH-COURT-BALOCHISTAN

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REHMATULLAH VS Mst. BIBI ZENORA Ss. 5, Sched. & 14---Family Courts Rules, 1965, R. 3---Dastoor-ul-Amal Diwani State Kalat, 1952, S. 24---Suit for dissolution of marriage---Appeal---Scope---Respondent/wife filed suit for dissolution of marriage on the ground of cruelty, recovery of dower amount, custody of minors and return of educational certificates---Family Court partly decreed the suit---Petitioner filed appeal before the Member, Majlis-e-Shoora, who returned the appeal by holding that the court had no jurisdiction to entertain the appeal---Petitioner filed appeal before the District and Sessions Judge, who dismissed the same being barred by time---Validity---Section 14 of the Family Courts Act, 1964, provided that a decision given or decree passed by a Family Court shall be appealable to High Court, where the Family Court was presided over by a District Judge and to the District Court in any other case---To define the words "District Judge", an Explanation was given in R. 3 of the Family Courts Rules, 1965, wherein it was laid down that "for the purpose of this rule and R. 7, the expression 'District Judge' shall be deemed to include the President of Majlis-e-Shoora, Kalat"---Section 24 of the Dastoor-ul-Amal Diwani State Kalat, 1952, envisaged that there shall be a Majlis-e-Shoora comprising of two or more members to decide appeals arising out of the judgments and decrees of the Qazis working under the hierarchy of Dastoor, thus, for all intents and purposes, reference to word 'Majlis-e-Shoora' meant a Court constituted with two members and a President, whereas the reference to words 'President of Majlis-e-Shoora' was limited only to President of Majlis-e-Shoora---Provincial Government while defining the territorial limits of the various courts of Majlis-e-Shoora had simultaneously declared the respective District and Sessions Judges as President of different Courts of Majlis-e-Shoora---Intention of legislature was clear that in family matters either decided by a Civil Judge or Qazi, the appeal would solely lie before the District Judge---Constitutional petition was dismissed accordingly.

REHMATULLAH vs Mst — 2021 PLD 145 QUETTA-HIGH-COURT-BALOCHISTAN

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