Mst. MOMINA vs FAHAD SAJJAD Ss — 2021 YLR 1954 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 1954 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: Mst. MOMINA vs FAHAD SAJJAD Ss
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

Mst. MOMINA VS FAHAD SAJJAD Ss. 5, Sched. & 10---Suit for dissolution of marriage---Pre-trial proceedings--- Preliminary decree---Scope---Whenever an application is filed by plaintiff for dissolution of marriage upon failure of pre-trial reconciliation, the marriage is to be dissolved forthwith through a speaking and reasonable order---Dissolution cannot be withheld or refused merely upon pendency of other contesting issues between the parties qua recovery of payment of dower, maintenance or other ancillary matters, which could at best be adjudged after recording pro and contra evidence of the parties---Albiet, if the marriage tie is kept intact on account of other ancillary issues; then, it would be denial of the right so conferred upon the wife by the law, as the very purpose and object of S.10 of Family Courts Act, 1964, is to salvage the wife from hateful union and she should not be compelled in any circumstances to stay in the marriage contract against her will and consent; which would amount to keep the tie of marriage forcefully intact---Decree so passed shall be treated as a preliminary decree, which shall be merged into final decree after recording of pro and contra evidence of the parties.

Other judgments reported in 2021 YLR

2021 YLR 110 QUETTA-HIGH-COURT-BALOCHISTANDEPUTY COMMISSIONER (REVENUE)/COLLECTOR VS MEHRULLAH KHAN. Ss. 18 & 23 - Reference to court - Enhancement of compensation - Referee Judge en…
2021 YLR 90 QUETTA-HIGH-COURT-BALOCHISTANRAKHSHANDA JAMAL VS SHAHID-UL-HASSAN. Art. 199 - Constitutional petition - Maintainability - Pendency of criminal proceedings - Petitioner s…
2021 YLR 2068 PESHAWAR-HIGH-COURTGHULAM MUHAMMAD VS REGIONAL COMMISSIONER FOR FEDERAL OMBUDSMAN, PESHAWAR ambiguity, avoiding of---Principle---Each and every part of statute…
2021 YLR 328 ISLAMABADMUHAMMAD NAWAZ VS State S. 497---Penal Code (XLV of 1860), Ss. 406, 468, 471 & 109---prevention of electronic Crimes Act (XL of 2016), Ss. 1…
2021 YLR 2033 PESHAWAR-HIGH-COURTMUHEEB ULLAH VS State absconsion---Scope---Conviction of an accused could not be based on his abscondence when otherwise the prosecution fai…
2021 YLR 1560 PESHAWAR-HIGH-COURTMEHBOOB-UR-REHMAN VS State S. 497---Penal Code (XLV of 1860), S. 149--- Bail--- Common object---Vicarious liability---Scope---Question of vi…

Back to the case-law library · Search Pakistani case law in Urdu or English