(a) West Pakistan Family Courts Act (XXXV of 1964)---
---S.12--Constitution of Pakistan (1973), Art. 199--Civil Procedure Code (V of 1908), O. XVII, R.1--Writ petition--Adjournment--Judgment of Family Count decreeing suit of wife for dissolution of marriage impugned in writ petition--Request for adjournment on ground that the petitioner's counsel had some "domestic problem"--Such ground, held, was hardly sufficient to allow adjournment in cases specially pertaining to family matters particularly when operation of impugned order had been suspended--Adjournment apparently sought for extraneous consideration with a view co prolonging the agony of the former spouse (wife)--Application for adjournment not entertained.
(b) West Pakistan Family Courts Act (XXXV of 1964)--
---Ss. 12 & 14(2)--Constitution of Pakistan (1973), Art. 199--Writ jurisdiction--Dissolution of marriage--Writ jurisdiction needs to- be sparingly exercised, unless an exceptional case is made out, against a decree of dissolution of marriage lest it frustrates the obvious intention of legislature who has chosen not to provide appeal in that behalf--Petition dismissed.
Petitioner in person.
ORDER
Petitioner and respondent No. 1 experienced certain matrimonial difficulties; consequent to which respondent No. 1 instituted suit for dissolution of marriage (No. 134/FC/84) before the Judge Family Court, Lahore. The petitioner also instituted a suit for restitution of conjugal rights (No. 79/FC/84). The learned Judge Family Court vide judgment dated 16-7-1987 dismissed petitioner's suit; whereas the suit of respondent No. 1 was decreed; copy of the judgment was directed to be sent to the Chairman of the Union Council concerned for necessary action. Hence the present petition.
10 This case came up for hearing before another learned Bench of this Court on 23-9-1987 when operation of the impugned order was suspended in terms of status quo. Today this matter is listed before me, in motion, and I have noticed that there is request for adjournment on the ground that the learned counsel has some "domestic problem"
This is hardly a sufficient ground to allow adjournment in cases specially pertaining to family matters, particularly when operation the impugned order has been suspended. Adjournment appears to have been sought for extraneous consideration with a view to prolonging the agony of the former spouse. I am not inclined to entertain this application. Even otherwise, unless an exceptional case is made out, writ jurisdiction needs to be sparingly exercised against a decree of dissolution of marriage, lest it frustrates the obvious intention of the legislatures, who have chosen not to provide appeal in this behalf.
This writ petition is accordingly dismissed.
S. Q./M-427/LPetition dismissed.
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