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SAIMA vs ADDITIONAL DISTRICT JUDGE Ss — 2022 PLD 214 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PLD 214 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PLD
Parties
SAIMA vs ADDITIONAL DISTRICT JUDGE Ss
Subject matter
Civil
Provisions referred to
S. 22; 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

SAIMA VS ADDITIONAL DISTRICT JUDGE Ss. 7, 10 & 22---Constitution of Pakistan, Art.199---Constitutional petition---Divorce and judicial separation---Allegation of adultery---Proof---Petitioner/plaintiff was Christian by faith who sought dissolution of marriage from respondent/defendant---Both the Courts below dismissed her suit on the ground that she had failed to prove allegation of adultery against respondent/defendant---Validity---Besides allegation of adultery, petitioner/plaintiff also alleged that respondent/ defendant had behaved in such a way that she could not reasonably be expected to live with him---Petitioner/plaintiff levelled allegation of cruelty and sought judicial separation on such ground also---Provisions of Ss.7 & 10 of Divorce Act, 1869 were to work together to make them Constitutionally compliant---High Court set aside judgments and decrees passed by two Courts below as petitioner/plaintiff had claimed judicial separation and ground of cruelty in the light of S.22 of Divorce Act, 1869, was available to her, resultantly petitioner/plaintiff was judicially separated from respondent/defendant---Constitutional petition was allowed, in circumstances.

Other judgments reported in 2022 PLD

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