Legal And Short Way of Divorce in Pakistan for Overseas Pakistani

Divorce Procedure for overseas Pakistan:

High Court allowed Constitutional petition and set aside the judgment and decree passed by Appellate Court and restored the one passed by Trial Court in case of divorce procedure for overseas Pakistani. Civil Procedure Code, 1908, has been excluded by S. 17 of West Pakistan Family Courts Act, 1964. Provisions of Civil Procedure Code, 1908, have been excluded by S. 17 of West Pakistan Family Courts Act, 1964, to proceeding under it and in case of divorce procedure for overseas Pakistani. Such provisions are not strictly applicable to proceedings before Family Court. Armed personnel-Salary, attachment Petitioner was serving in armed forces and Family Court attached salary of petitioner during execution of decree passed against him. Plea raised by petitioner was that under S. 171 of Pakistan Army Act, 1952, his salary could not be attached by direction of any Civil or Revenue Court in satisfaction of any decree. Salary of person serving in Armed Forces was saved from seizure or attachment but that saving would come into play in case where direction was issued by a Civil Court, Revenue Court or revenue officer in satisfaction of a decree. Such saving clause did not cover decree passed and direction issued by Family Court. Salary and allowances of officer of Armed Forces, were not saved under S. 488, Cr.P.C. and S. 65 of Pakistan Army Act, 1952, in matter that related to maintenance of wife, divorce procedure for overseas Pakistani and divorce in Pakistan for overseas Pakistani or child of such officer.

Muslims Families Laws:

 Exemptions to salaries etc. of person serving Armed Forces of Pakistan as postulated under S. 171 of Pakistan Army Act, 1952, was not available in case of decree passed by Family Court. High Court declined to interfere in order of attachment of salary passed by Family Court against petitioner. Petition was dismissed in circumstances. Agreement stipulating that in case husband would divorce the wife, then he was obliged to pay a sum of Rs.100, 000 as damages to her. West Pakistan Family Courts Act, 1964, was special law meant to cater for specific object and special kind of cases strictly covered by items mentioned in Schedule thereto.

West Pakistan Family Courts Act, 1964,

Civil Courts were the Courts of inherent and plenary jurisdiction competent to adjudicate all disputes of civil nature between litigating parties but such jurisdiction in terms of S. 9, C.P.C., had been ousted either expressly or by necessary implication. In order to evaluate whether such jurisdiction had been taken away, the special law under which it was so done, must not only be strictly construed but also be accordingly applied. If provisions of S. 5 of West Pakistan Family Courts Act, 1964, were read with the entries of the Schedule, there was no confusion or ambiguity about cases falling within items Nos. 1 to 8 thereto while entry No. 9 was incorporated by way of amendment. Words "personal property and belonging of wife" as appearing in item 9 of Schedule to West Pakistan Family Courts Act, 1964, could not be interpreted to mean that suit for specific performance, declaratory suits of any nature or any other damages, recovery, divorce procedure for overseas Pakistani and overseas Pakistani divorce procedure etc. Parties entered into civil litigation between wife and husband was amenable to special jurisdiction of Family Court, as such was not the intent of law. According to literal approach of reading a statute, the statute had to be read literally by giving the words used therein, ordinary moral and grammatical meaning.