HAMMAD HUSSAIN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad S

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HAMMAD HUSSAIN VS FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad S. 10(3)---Family Courts Act (XXXV of 1964), S. 10(3) [as amended for Punjab by the Family Courts (Amendment) Act (XI of 2015)]---Constitution of Pakistan, Art. 203-D---Shariat petition---Family Court, powers of---Pre-trial proceedings---Attempt to effect a compromise or reconciliation between the parties---Repugnancy to Injunctions of Islam---Plea that the Quran and Ahadith of the Prophet (pbuh) stressed upon the importance of making compromise (sulah) between any conflicting parties in general; that Islam also gave much importance to family system, therefore, in light of Ayat 35 of Surah Al-Nisa of the Holy Quran, the process of reconciliation referred to in S.10(3) of the Family Courts Act, 1964 must be made mandatory upon the Family Courts---Held, that the Quran and Sunnah stressed upon reconciliation and compromise to be made between the spouses in case any unpleasant rift occurred between them to avoid divorce---Quran put a moral and religious duty upon the elders and family members of the parties to put efforts for making a compromise between the spouses in case any unpleasant rift occurred between them---Ayat 35 of Sura Al-Nisa of the Holy Quran explained the manner in which such reconciliation efforts may be made between the parties within the family---Ayat 35 of Sura Al-Nisa was directed for the family members and elders of the conflicting spouses for making compromise or doing efforts for reconciliation between them---Even otherwise the jurisprudence of Federal Shariat Court was clear on the issue that the authority given to Family Court for reconciliation or compromise at pre-trial proceedings under S.10 of the Family Courts Act, 1964 or after conclusion of trial under S.12 of the said Act, was adopted on the basis of Ayat 35 of Sura Al-Nisa of Holy Quran---Shariat petition challenging S.10(3) of the Family Courts Act, 1964 was dismissed accordingly.

HAMMAD HUSSAIN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad S — 2022 PLD 9 FEDERAL-SHARIAT-COURT

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