Law for Suit for Dissolution of Marriage in Pakistan:
Principles of res judicata restraining wife from approaching the Family Court for suit for dissolution of marriage in Pakistan on the ground of Khula does not apply. Contention of husband was that on the basis of such condition, the wife could not seek dissolution of marriage in Pakistan on basis of Khula. Condition in marriage certificate, for the Family Court dissolution of the marriage in Pakistan and that earlier suit for dissolution of marriage was withdrawn; therefore, principles of res judicata were applicable in the suit. Family Court had rightly found the condition in marriage certificate restraining the wife from approaching Court for divorce on the ground of Khula' was not legal condition which could not prevent the wife from seeking dissolution of marriage in Pakistan on the ground of Khula from the competent Court. Family Court also rightly found that in view of evidence on record it was not possible between the parties to live together within the limits of Allah.
Dissolution of Marriage in Pakistan on the base of Khula:
Findings of the Family Court were affirmed of by the High Court. No misreading or non-reading of by evidence was pointed out by the husband. Subsequent suit for dissolution of marriage in Pakistan on the ground of Khula' was not barred ass in such cases recurring cause of action could accrue to the party. All the Courts below had given Concurrent finding with regard to the right of wife for seeking dissolution of marriage on the ground of Khula'. Leave to appeal was refused. Suit for dissolution of marriage on basis of Khula filed through attorney/mother. Appearance of plaintiff in pre-trial conciliation proceedings through her attorney was valid. Suit decreed by Family Court on failure of conciliation efforts upheld by Appellate Court. Party could not be deprived of his right to appear and defend suit through his/her attorney as such representation was permitted and Bar recognized by S. 22 of Legal Practitioners and Bar Councils Act, 1973 and S. 18 of West Pakistan Family Courts Act, 1964.
Legal Act for Dissolution of Marriage in Pakistan in West Pakistan:
Right of a pardanashin lady under Section 18 of West Pakistan Family Courts Act, 1964 to appear through a duly authorized agent applicable to a person in general would apply to a party to suit also. Presence of parties in person in pre-trial conciliation proceedings was not obligatory, thus, their non-presence in person would not vitiate proceedings. Defendant, in the present case himself had not participated in such proceedings, thus, he could not object to appearance of plaintiff through her attorney. High Court dismissed Constitutional petition. According to S. 83, C.P.C., even an alien, if not falling within definition of an alien enemy, could sue in Pakistan, Residence of one party or accrual of cause of action wholly or in part within local limits of a Family Court in Pakistan would give the Court jurisdiction to entertain such suit.
More about Some Important Laws:
Failure of pre-trial conciliation efforts failed and permanent resident of State of Azad Jammu and Kashmir could result in judicial divorce. Husband's application seeking dismissal of suit by Family Court in Pakistan for lacking jurisdiction to try, same as parties were citizens of State of Azad Jammu and Kashmir. Dismissal of such application and passing of decree for dissolution of marriage in Pakistan by Family Court for failure of pre- trial conciliation efforts was valid. According to S. 14(b) of Pakistan Citizenship Act, 1951, a permanent resident of State of Azad Jammu and Kashmir having migrated to Pakistan would be regarded as citizen of Pakistan. Subjects of the State holding Pakistani passports would be deemed to be citizens of Pakistan. Section 83 CPC provided that an alien, if not falling within definition of an "alien" enemy, could sue in Pakistan in case of divorce.