MUHAMMAD IQBAL vs Mst. SHAKILA KHATOON and another
This petition for leave to appeal is directed against the judgment of the Peshawar High Court which restored a two-fold decree for dissolution of marriage and dower amount in favour of the respondent wife. The core legal question concerns the competence of the District Court in appeal to modify a decree for dissolution of marriage by converting it into one based on Khulah when such decree was passed on grounds of non-maintenance and cruelty, thereby affecting the dower amount in light of statutory bars. The Supreme Court held that the appellate court could not modify the decree for dissolution of marriage in a collateral manner so as to add the ground of Khulah in violation of the bar contained in section 14 of the West Pakistan Family Courts Act 1964. The key principle laid down is that the statutory bar against appeals in family matters concerning dissolution of marriage cannot be circumvented collaterally through an appeal relating to the dower decree.
- Can a District Court modify a decree for dissolution of marriage on grounds of non-maintenance and cruelty to one of Khulah in an appeal arising from a dower decree?
- Does section 14 of the West Pakistan Family Courts Act 1964 bar the collateral modification of a dissolution of marriage decree?
- Whether an appeal against a dower decree permits the appellate court to alter the underlying grounds for the dissolution of marriage?
- Section 14, West Pakistan Family Courts Act 1964
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.-- This petition for leave to appeal is directed against the judgment dated 19-7-1983 of the Peshawar High Court; whereby, on a constitutional petition filed by the respondent (wife) a two-fold decree for dissolution of her marriage with the petitioner, and also for dower amount of Rs, 10,000 was restored.
2. ' The decree regarding dower was earlier set aside in appeal by the District Court on the ground that the decree for dissolution should have been on ground of Khulah in addition to grounds of non-maintenance and cruelty. That being so the said modified decree, would oblige her to forgo the dower amount as compensation for Khulah. The High Court however held that the decree for dissolution of marriage on ground of non-maintenance and cruelty not being appealable it could not have been modified by the District Court in exercise of appellate jurisdiction so as to add the ground of Khulah.
3. ' Learned counsel for the petitioner has tried to defend the appellate judgment by the argument that the appeal against decree for dower being competent, the District Court, notwithstanding the bar in section 14 of the Family Courts Act could allow the said appeal on any ground available to the petitioner.
4. We do not agree with him. The bar in section 14 is such that, in the circumstances of the case the decree for dissolution of marriage could not have been modified (sic) in a collateral manner. The intention as also the language of the bar in section 14 have been violated by the appellate judgment. It was rightly set aside. This petition accordingly is dismissed.