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SHAZA TEHSEEN vs TEHSEEN BUTT Ss — 2022 CLC 1521 ISLAMABAD

Case information

Citation
2022 CLC 1521 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
CLC
Parties
SHAZA TEHSEEN vs TEHSEEN BUTT Ss
Subject matter
Civil

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

SHAZA TEHSEEN VS TEHSEEN BUTT Ss.7 & 14(2)---appeal against dissolution of marriage---Scope---Marriage between parties was dissolved by Family Court on the basis of 'Khula'---Lower appellate Court in exercise of appellate jurisdiction set aside judgment and decree passed by Family Court on the ground that matter regarding return of quantum of Haq Mehr was still to be determined---Validity---Such was only part of the judgment determining civil liabilities of parties that was appealable and not decree of dissolution of marriage---Marriage dissolved by a decree passed by Family Court could not subsequently be resurrected by appellate Court on the basis that a dispute continued with regard to their civil liabilities as determined by Family Court in aftermath of dissolution of marriage---Dissolution could not be reopened or a decree to such effect could not be set-aside by Lower appellate Court---Question of determination of civil liabilities of petitioner / wife i.e. quantum of Haq Mehr payable by petitioner / wife to respondent / husband upon dissolution of marriage on the basis of 'Khula' was a question to be determined by Family Court and to the extent that it was not determined, matter was rightly remanded by Lower appellate Court to Family Court to frame an issue and allow parties to adduce evidence in relation thereto--- High Court set aside judgment and decree of Lower appellate Court to the extent of setting aside judgment and decree passed by Family Court for dissolution of marriage--- Constitutional petition was allowed accordingly.

Other judgments reported in 2022 CLC

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