Legal Procedure Of Divorce In Pakistan


Trial Court Decreed The Suit :

 Appellate Court dismissed appeal of defendant. Solitary statement of defendant was not sufficient to prove that the dowry articles were purchased with the money provided by him in case of divorce procedure in Pakistan. Woman was absolute owner of all the property given to her as dowry and bridal gifts under S. 3 of Dowry and Bridal Gifts (Restriction) Act, 1976, a bride was owner of dowry articles and she was entitled to retain and claim the return of such articles if she was deprived of the same by her husband or anyone else irrespective of value or source of such articles. Constitutional jurisdiction of High Court under Article 199 of the Constitution was completely discretionary in nature in case of divorce procedure in Pakistan. While exercising Constitutional jurisdiction, the Court had to ensure that the subordinate Court or Tribunal had not acted without jurisdiction or in violation of law. High Court under its Constitutional jurisdiction could not reappraise evidence as Court of appeal. Tribunal having jurisdiction to decide a matter was competent to decide the same rightly or wrongly. Mere fact that a decision was incorrect would not render the same to have been made without lawful authority. Impugned judgments and decrees did not suffer from any jurisdictional defect warranting interference High Court.

Constitutional petition was dismissed in limine. Appeal against order of Trial Court accepting defendant's application for producing documents in case of divorce procedure in Pakistan was filed. No appeal or revision was competent against interlocutory order of Family Court under S. 14(3) of West Pakistan Family Courts Act, 1964. Interim order of Family Court Could' not be challenged in High Court in Constitutional jurisdiction under Article 199 of the Constitution either. Constitutional petition was, therefore, dismissed in limine. Defendant's application for summoning of plaintiff in person was filed. Defendant's plea was that plaintiff had not filed suit with her free consent; that she was not a pardanashin lady and that her personal attendance in Court was essential for reconciliation and to resolve question of authenticity of her signatures on plaint. Dismissal of such application by Family Court was checked.



Plaintiff living abroad had been pursuing suit through her attorney/father. Plaintiff had appeared before Family Court and made statement after putting her signatures on its order-sheet that she had to go to America and could not live with the defendant. Plaintiff was identified before Family Court by her counsel. Order of Additional Sessions Judge disposing of habeas corpus petition on plaintiff's statement was still holding field for not having been challenged any further by the defendant. Plaintiff was duly represented by her attorney, thus, there was no need of her personal appearance before Family Court.

 Plaintiff having appeared before Family Court, once or twice, would not be disentitled her to avail legal right provided under S. 18 of West Pakistan Family Courts Act 1964 for all times to come. Personal appearance of plaintiff in conciliation proceedings was not mandatory. Question as to whether plaintiff was a pardanashin lady or not, being factual one could not be decided in Constitutional jurisdiction of High Court. Defendant could raise such question before Family Court during trial or at time of final decision of case. Impugned interim order was neither illegal nor mala fide or without jurisdiction thus, could not be challenged in Constitutional jurisdiction. High Court dismissed Constitutional petition in circumstances. Parties transgressing parameters laid down in Islam, should relieve each other with kindness. Spouses was found transgressing limits of Islam.  Islam Suggests separation with kindness.

About Nazia Law:  

                                     Most of the males and females look the expert female divorce lawyer to know the procedure of divorce in Pakistan. Advocate nazia is the on demanding divorce lawyer in Pakistan. She knows that how to get divorce in Pakistan. Today divorce in pakistan is not a  big and complicated task for our law firm. Because our law firm know how to get divorce in Pakistan very well. The procedure of divorce in Pakistan is not a difficult but the duration of divorce in Pakistan is little long. But you don’t worry our divorce lawyer in Pakistan will try to handle your case with fully concentration.
                          

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