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

Case information

Citation
2021 PLD 145 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PLD
Parties
REHMATULLAH vs Mst
Subject matter
Civil
Provisions referred to
S. 14---F; S. 14; 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

REHMATULLAH VS Mst. BIBI ZENORA S. 14---Family Courts Rules, 1965, R. 22---Appeal---Limitation---Condonation of delay---Scope---Respondent filed a 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 an 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 an appeal before the District and Sessions Judge, who dismissed the same being barred by time---Validity---Even the appeal filed before the court of Member, Majlis-e-Shoora, was barred by time---Rule 22 of Family Courts Rules, 1965, provided that an appeal under S.14 of the Family Courts Act, 1964, shall be preferred within 30 days of the passing of the decree or a decision excluding the time required for obtaining the certified copies---Although it was provided in the proviso to R. 22 of Family Courts Rules, 1965, that the Appellate Court might for sufficient cause extend the period---Nothing was available on record to suggest that any application was filed for extension of time, nor any such ground was taken in the memorandum of appeal---Constitutional petition was dismissed accordingly.

Other judgments reported in 2021 PLD

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