PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

MUHAMMAD ASLAM vs CIVIL AND FAMILY JUDGE NO — 2022 CLC 1447 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 CLC 1447 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
CLC
Parties
MUHAMMAD ASLAM vs CIVIL AND FAMILY JUDGE NO
Subject matter
Civil
Provisions referred to
S. 2---S; S. 14; S. 2; Muslim Marriages Act (VIII of 1939); Family Courts Act; Muslim Marriages 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

MUHAMMAD ASLAM VS CIVIL AND FAMILY JUDGE NO.II TANDO ADAM DISTRICT SANGHAR Ss.5, Sched. & 14---Dissolution of Muslim Marriages Act (VIII of 1939), S. 2---Suit for dissolution of marriage---Grounds for decree for dissolution of marriage---Appeal---Scope---Petitioner impugned order passed by Family Court whereby the suit filed by respondent for dissolution of marriage by way of khula was decreed---Contention of petitioner was that the Family Court had dissolved his marriage without providing him an opportunity of hearing as on the very date of pre-trial stage/hearing, he could not put his appearance before the Court due to pandemic situation and lockdown restrictions---Validity---Petitioner had deliberately and intentionally failed to appear and defend his case before the Family Court just to prolong the proceedings, however, the case was adjourned at his request and on the very date again he had failed to put his appearance, compelling the Family Court to pass the impugned order---Submissions of petitioner could not be considered on the ground that the matter of dissolution of marriage between the spouses had attained finality and the same could not be reopened under S. 14(2) of the Family Courts Act, 1964, except in the case of dissolution for reasons specified in cl. (a) of the item (viii) of S.2 of the Dissolution of Muslim Marriages Act, 1939 or under Art.199 of the Constitution in the manner as the petitioner had asked---Constitutional petition was dismissed.

Other judgments reported in 2022 CLC

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