Judgment for Divorce Procedure for Overseas Pakistani:
Husband had made an offer as was
made in terms of statement before District Judge and Family Court could not
have refused his request in case of divorce
procedure for overseas Pakistani. Parties could enter into compromise
at any stage of proceedings and case option for resolution of disputes through
Panel of Advocates was exercised by husband in case of divorce procedure for
overseas Pakistani. Matter was entrusted to Panel of Advocates in whom husband
had reposed full confidence by making unqualified and unconditional statement
and that too on oath. Confer Jurisdiction upon Family Court to make an effort
to bring about compromise/re-conciliation between spouses and so is spirit of
Act as indicated in its preamble resolution of disputes was done in case in hand
was not exceptionable. Husband, wife and children were part of compromise. Need
was felt to have a forum for resolution of family disputes.
Figure out all process In Short time:
Short and simple methodology
would be provided for settlement and disposal of disputes relating to family
matters. Family Courts Act, was promulgated, which is a Special Act for special
class of the people i.e., husband and wife and children in case of their
maintenance and custody. Under Code, there was lengthy procedure for trial with
so many bottlenecks, where civil disputes linger on between the parties for
decades at trial stage. Even provisions of Evidence Act, were made inapplicable
to avoid technicalities. Law and rules are not meant to prolong the agony. Law
and rules are not meant to prolong the agony for one party or the other on the
basis of technicalities and hairsplitting, such is not the intention of law.
Civil Procedure Code, 1908 were not applicable to the proceedings before the
Family Court. Technicalities of evidence act 1984 and Civil Procedure Code,
1908 were not applicable to the proceedings before the Family Court and in case
of divorce procedure for overseas Pakistani.
Suit for Divorce may also be result in maintenance and recovery:
Suit filed for dissolution
of marriage, maintenance and recovery of dowry articles. Suit filed for
dissolution of marriage, maintenance and recovery of dowry articles or its
value to the sum of Rs.106, 900. Defendant (husband) contested suit. Trial
Court decreed suit for recovery of dowry articles or a sum of Rs.90, 000 in
lieu thereof and maintenance for the period of iddat at the rate of Rs.2000 per
month and further Rs.25000 as maternity charges along with maintenance of minor
at the rate of Rs.2000 per month while dismissed the claim of maintenance of
wife. Appellate Court, on appeal, reversed finding of the Trial Court regarding
recovery of dowry articles and dismissed the same on the ground that the
primary evidence was not produced and maintained findings of the Trial Court to
the extent of maintenance and delivery charges.
Must be need evidence for recovery of suits:
Wife had asserted that two copies
of the list of dowry articles were prepared, one of which was however the
Appellate Court had disbelieved such contention. If more than one copies of the
list of dowry articles were prepared and all were signed, then every Copy
thereof was the primary evidence. Technicalities of evidence act 1984 and Civil
Procedure Code, 1908 were not applicable to the proceedings before the Family
Court. Contention of the husband that no dowry articles were given, could not
be accepted. Judgment passed by Appellate Court was not sustainable on account
of non reading of the reliable evidence.
For More Details
Visit:
No comments:
Post a Comment