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ASIF RAZA MASIH vs Mst — 2021 PLD 41 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PLD 41 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PLD
Parties
ASIF RAZA MASIH vs Mst
Subject matter
Civil
Provisions referred to
S. 5---C; S. 22; S. 10; Family Courts Act (XXXV of 1964); Divorce 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

ASIF RAZA MASIH VS Mst. SOFIA alias PINKY Ss.10 & 22---Family Courts Act (XXXV of 1964), S. 5---Christian divorce or separation---Reasons, non-mentioning of---Parties were Christians and Family Court dissolved the marriage merely on the statement of wife---Validity---Bond of marriage between Christian husband and wife was of permanent nature---Wife had to prove her case on concrete facts after leading reliable and cogent evidence to facts on which claim of dissolution of marriage was based, only then Court could grant decree for a judicial separation within the meaning of S.22 of Divorce Act, 1869 or to dissolve marriage under S.10 of Divorce Act, 1869---Mere assertion of wife that she was not ready to live with husband was not sufficient for dissolving marriage between petitioner and respondent under Christian law---High Court set aside order passed by Family Court and remanded the mater to Family Court for decision afresh after framing of issues and recording of evidence---Constitutional petition was allowed in circumstances.

Other judgments reported in 2021 PLD

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