Pakistan Case Law
1988 SCMR 1531

FARHAT BANO Versus MUHAMMAD AFZAL

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Citation1988 SCMR 1531
CourtSupreme Court of Pakistan
Case No.Civil Petition No.70 of 1988
Date1988-06-04
Judge(s)Muhammad Afzal Zullah and Saad Saood Jan
Authored byMuhammad Afzal Zullah
ResultLeave granted

1. MUHAMMAD AFZAL ZULLAH, J.โ€‘โ€‘ This petition for leave to appeal is by a wife, against the dismissal of her writ petition against the refusal of the learned lower Court to grant her a decree for dissolution of marriage.

2. It seems from the record that there was no hope of reconciliation between the spouses. The question whether the parties in the circumstances of the case can keep the limits of God, required further examination.

3. Mr.Shafiq Ahmad, Advocate, the learned counsel who had appeared for a party in the lower Court is present. On our inquiry, he also stated that there was no hope for reconciliation between the spouses. In the light of what has been stated above, leave is granted to examine whether a decree for dissolution of marriage should not have been passed in favour of the petitioner.

4. Security Rs.1,000. The appeal to be made ready on the present record with direction to the parties to file all necessary additional documents .within two months.

5. Mr.Shafiq Muhammad, Advocate, is directed to take such steps which might. be necessary to make at least one more effort as last effort, to bring about reconciliation between the parties making use of the fact that there are two children alive from this wedlock. He shall submit a written report with regard to this effort before the hearing of the appeal which shall be fixed for hearing within four months, at Lahore.

6. M.B.A./Fโ€‘61/S Leave granted.

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