FAZAL RAHMAN vs Mst — 2022 PLD 1 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PLD 1 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PLD
Parties: FAZAL RAHMAN vs Mst
Subject matter: Civil
Provisions referred to: S. 14---F; S. 14; 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---Family Appeal---Power to change the mode of dissolution of marriage---Appellate Jurisdiction---Scope---Decree of dissolution of marriage on the basis of Khula and the refusal of Judge Family Court to grant a decree for award of dower, could be converted to dissolution of marriage on any other ground available in the case which would entitle a wife to the grant of decree for dower---Without such powers, filing of an appeal under S.14 of Family Courts Act, 1964 would become meaningless---Appeal was continuation of original proceedings---While hearing appeal against judgment of Family Court and appellate Court would have full spectrum of powers to make any lawful order in respect of which it had the competency to entertain an appeal---Appellate Court could convert a decree for dissolution of marriage from one mode to another. Head Notes

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