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FAZAL RAHMAN vs Mst — 2021 PLD 184 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PLD 184 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PLD
Parties
FAZAL RAHMAN vs Mst
Subject matter
Civil
Provisions referred to
S. 14; S. 2; Muslim Marriages Act (VIII of 1939); Muslim Marriages Act; 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

FAZAL RAHMAN VS Mst. FAHMIDA S. 14(2)---Dissolution of Muslim Marriages Act (VIII of 1939), S.2(viii)(a)---Right to appeal---Restrictive/narrow construction---Family Court, exclusive jurisdiction of---Scope---Question whether the parties should remain within the marriage tie or such tie should be dissolved would fall in the exclusive domain of Family Court---If Family Court dissolved a marriage, such an order to the extent in case of dissolution of marriage made under clause (a) of item (viii) of S.2 of the Dissolution of Muslim Marriages Act, 1939---Words provided in clause (a) of S.14(2) of Family Courts Act, 1964 for exclusion of jurisdiction should narrowly be interpreted---Words 'dissolution of marriage' used in the said clause would mean a bare decree for dissolution of marriage which might not be appealed against with the aim of its reversal---Any string attached to such decree be it grant/refusal of dower or any other condition would be appealable under S.14 of the Act, 1964.

Other judgments reported in 2021 PLD

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