SHAHBAZ ALI vs JUDGE FAMILY COURT and another
This petition for leave to appeal arose from the dismissal of a constitutional writ petition by the High Court, which had challenged a decree of Khula passed in favor of the respondent wife by the Family Court. The core legal question was whether the petitioner could challenge the dissolution of marriage to obtain a declaration of illegitimacy regarding a child born to the respondent, and whether the proceedings before the Family Court were incompetent in light of the provisions of the Qazf Ordinance. The Supreme Court of Pakistan held that the petitioner's challenge to the Khula decree was motivated by an ulterior motive to brand the child as illegitimate rather than a genuine grievance against the dissolution. The Court observed that the petitioner approached the court with soiled hands and failed to demonstrate any jurisdictional defect in the Family Court's proceedings. Consequently, the Court refused leave to appeal and dismissed the petition, establishing that constitutional jurisdiction cannot be invoked with ulterior motives or unclean hands to seek collateral, damaging declarations.
- Can a petitioner invoke the constitutional jurisdiction of the High Court to challenge a Khula decree solely for the collateral purpose of establishing the illegitimacy of a child?
- Does an approach to the court with soiled hands and ulterior motives disqualify a petitioner from obtaining discretionary relief under constitutional jurisdiction?
- Whether the existence of Section 14 of the Offence of Qazf (Enforcement of Hadd) Ordinance 1979 renders dissolution of marriage proceedings before a Family Court incompetent?
- Section 14, Offence of Qazf (Enforcement of Hadd) Ordinance 1979
ORDER
' MUHAMMAD AFZAL ZULLAH, J.--The petitioner (the ex-husband) challenged a Khula decree passed in favour of Respondent No,2 in Constitutional jurisdiction of the High Court, without success.
2. When it was pointed to the learned counsel that in addition to the grounds stated in the impugned judgment for dismissal of the Writ Petition, we have further noticed that the petitioner's past conduct including that of making filthy allegations 'against the respondent is such that it seems that the parties would not be able to keep the limits of Allah, the learned counsel frankly stated that he has no intention to challenge the final break between the parties through the Court.
But he is interested only in getting a verdict that a child born from the womb of the respondent is illegitimate. When pointed out that this amounted adding fuel to. Fire, the learned counsel contented that if the dissolution of marriage would have taken place under section 14 of the Qazf Ordinance, the petitioner might have achieved the intended results.
3. When invited to show that notwithstanding the provisions of Section 14, the proceedings before the Family Court were had or otherwise incompetent for any reason, the learned counsel failed to advance any convincing argument. In addition to this we feel that the petitioner moved the High Court with ulterior motive. His approach to this Court is also with soiled hands. We therefore, refuse leave to appeal and the petition is, accordingly, dismissed.
' Leave to .