Let know about Suit of Dissolution of Marriage in Pakistan:
Ex-husband having knowledge of
pendency of proceeding for dissolution of marriage in Pakistan deliberately
avoiding his appearance. Lady already contracting second marriage and living
with her second husband, the ex-husband failing to substantiate his non-service
in the suit for dissolution of marriage in Pakistan, Supreme Court declined to
interfere. Time taken by defendant in making application for setting aside ex
parte decree was granted. Rule-making authority having reasonableness of time
taken by defendant in making application for setting aside ex parte decree,
Rule 13 of West Pakistan Family Courts Rules restricting period of limitation
to 30 days to be ultra vires of sub-section (6) of S. 9 of Act.2 3. Dissolution
of marriage in Pakistan ex parte decree was granted by Family Court.
Application for Dissolution of Marriage:
Suit filed by wife for
dissolution of marriage ex parte decree granted by Family Court. Husband's
application for setting aside ex parte decree dismissed on ground that wife had
contracted second marriage after ex parte decree. Husband invoked writ
jurisdiction of High Court challenging order. Order of Family Court dismissing
husband's application set aside. Held, contracting of a second marriage by wife
soon after obtaining ex parte decree could hardly be treated a valid ground for
throwing out husband's application for setting aside ex parte decree. Husband's
application ought to have been decided after holding an inquiry into question
whether he had sufficient reason for not appearing in Family Court to contest dissolution
of marriage in Pakistan. Ex parte decree of dissolution of marriage passed.
Ex parte decree of dissolution of marriage passed but was set aside by Family
Court on being satisfied by husband that service was not duly affected. Order
of Family Court setting aside ex parte decree was reversed in appeal by
District Judge.
Trial Court Orders for That Condition:
After order of Trial Court
reopening case Held: Setting aside ex parte decree does not amount to
"decision" hence not appealable. Order of Appellate Court reversing
that of trial Court quashed in exercise of writ jurisdiction as District Judge
had passed order in appeal without lawful authority. Ex parte decree on the
basis of invalid service was found. Family Court without having substituted
service merely acting on suo motu report of process-server and passing ex parte
decree, the way adopted by the Court held invalid and against mandatory
requirement of law.
About Law for Dissolution of Marriage in Pakistan:
Ex parte decree being result of
invalid service set aside by the High Court in constitutional jurisdiction
adopted recourse to a bald observation that application is dismissed because ex
parte order had already been passed would negate provision of S. 9(5) (a).
Defendant has a right at or before adjourned hearing to appear and assign good
cause for his non-appearance. In case he assigns good cause for his previous
non-appearance the Family Court has to hear him in answer to the suit as if he
had appeared on a day fixed for his appearance. This would be subject to such
terms as Family Court may direct but essentially such terms would not be meant
to take away the right of hearing which is granted to defendant under S.
9(5)(a). Held Order of Collector refusing to condone delay was not liable to
interference under Article 199.
For more visit:
https://runkit.com/aleygill324/suit-for-dissolution-of-marriage-in-pakistan-advocate-nazia
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