-- Christian divorce or Separation --- Reasons, non mentioning of --- parties were Christians and family court dissolved the marriage merely on the statement of wife--

 P L D 2021 Peshawar 41

(b) Divorce Act (IV of 1869)---
Ss. 10 & 22 ---Family Courts Act(XXXV of 1964), S. 5--- Christian divorce or Separation --- Reasons, non mentioning of --- parties were Christians and family court dissolved the marriage merely on the statement of wife--- validity --- Bond of marriage between christian husband and wife was of permanent nature--- wife had to prove her case on concrete facts after leading reliable and cogent evidence to facts on which claim of dissolution of marriage was based, only then court could grant decree for a judicial separation within the meaning of S. 22 or S. 10 of Divorce Act , 1869.
It is settled position that Muslim Family Law Ordinance ,1961 applies only to muslins as provided in Section 1 subsection (2) of the said ordinance.
Case remanded.

0 comments:

Post a Comment

Powered by Blogger.

Case Law Search