MUHAMMAD AKRAM vs SENIOR CIVIL JUDGE, FAMILY COURT and otherss
This constitutional writ petition was filed by the petitioner-husband challenging a composite judgment and decree passed by the Family Court, Layyah, which granted dissolution of marriage on the basis of Khula and allowed recovery of dowry articles up to the value of Rs. 30,000 to the respondent-wife. The petitioner contended that the wife had not specifically prayed for Khula in her plaint and that Zar-e-Khula was not awarded, while also seeking relief against the decree for dowry articles. The Lahore High Court dismissed the petition in limine. The Court held that explicit phrasing of severe hatred and total aversion in the plaint sufficiently pleads Khula without needing to use the specific word 'Khula'. Regarding dowry articles, the Court affirmed that Section 14 of the West Pakistan Family Courts Act, 1964 expressly bars appeals against dowry decrees up to Rs. 30,000, and extraordinary constitutional jurisdiction under Article 199 cannot be invoked to circumvent such statutory bars in non-exceptional cases.
- Is it mandatory for a plaintiff-wife to explicitly use the word 'Khula' in a plaint to obtain a decree for dissolution of marriage on the basis of Khula?
- Can extraordinary constitutional jurisdiction be invoked to challenge a dowry decree of Rs. 30,000 or less when an appeal is expressly barred under Section 14 of the West Pakistan Family Courts Act, 1964?
- Section 14, West Pakistan Family Courts Act 1964
ORDER
' SHEIKH HAKIM, ALI, J.---Mst. Najma Parveen, had filed a composite suit for grant of decree for dissolution of marriage as well as for recovery of dowry articles before learned Judge Family Court, Layyah, against Muhammad Akram, the present writ petitioner. The suit for dissolution of marriage on the basis of "Khula"' and for recovery of dowry articles to the extent of Rs,30,000 were decreed by the learned Judge Family Court on 18-3-2005. Aggrieved from that judgment and decree, the instant writ petition has been filed by Muhammad Akram.
2. Petitioner's learned Advocate submits that learned Judge Family Court has failed to grant "Zare- e-Khula" to the petitioner and that the plaintiff/respondent had not asserted and prayed for grant of decree on the basis of "Khula'" in her plaint.
3. After considering the arguments and from the perusal of the record, it has revealed that in clauses (iii) and (iv) of para. No,6 of the plaint, Mst. Najma Perveen respondent had narrated the facts which were the cause of filing of the suit. She has also stated in the aforesaid plaint that she had developed extreme hatred and there was no likelihood for reconciliation between the parties. It was further stated by her that she would prefer death rather to remain within the marital union of Muhammad Akram, the petitioner. According to these words, I cannot subscribe to the view of the learned counsel that these words cannot be considered as bring out the plea of "Khula'". These words used in the plaint are sufficient and it is not necessary for the plaintiff to use specific word of grant of decree of "Khula'".
4. As regard the decree of dowry articles, it is admitted fact that section 14 of the West Pakistan Family Court Act, 1964 has taken away the benefit of filing of an appeal against the decree granted to the extent of Rs,30,000 for the dowry articles. As the law framers have barred his remedy to be availed of by the defendant in case of decree of dowry articles to the extent of Rs,30,000 therefore, the remedy of extraordinary jurisdiction in an ordinary case, of not an exceptional nature cannot be granted to the petitioner. I have already delivered a judgment on this point which is reported in M.
Ramzan v. Judge Family Court and others (2005 M LD 631). This writ petition is accordingly, not entertainable against the decree of dowry articles to the extent of Rs,30,000 so is dismissed in limine.
Cited by 4 cases
- Naseem Akhtar D/o Muhammad Aslam vs Naveed Ullah S/oHaneef Khan 2014-PHC
- NASEEM AKHTAR vs NAVEED ULLAH 2015 PLJ Peshawar 136
- NASEEM AKHTAR vs NAVEEDULLAH 2017 CLC 269
- Mst. SHAZIA HAIDER vs GUL ISLAM 2014 PLD Peshawar 194