Sunday, 5 July 2015

DIVORCE under section 10(4) of West Pakistan Family Court Act 1964 on the basis of Khula



Mst. Bibi              Vs.              Muhammad Iqbal


18.12.0000
Present:       Learned counsel for the parties
                   Parties in person
                   Today the case is fixed for pre-trial reconciliation proceeding between the parties. Plaintiff appeared before the court and got recorded her statement that there is no possibility of reconciliation. On the other hand defendant appeared before the court and stated that he is ready to reconcile with the plaintiff. Therefore, in the light of statement of the plaintiff reconciliation between the parties has been declared unsuccessful. The claim of the plaintiff to extent of dissolution of the marriage is hereby decreed under section 10(4) of West Pakistan Family Court Act 1964 on the basis of Khula subject to return of dower. Decree sheet be prepared accordingly. Copy of this order and decree sheet be sent to the Secretary of concerned Union Council for necessary orders as per law.
                   Admittedly, plaintiff No.2 is legitimate son of the defendant, being father he is duty bound to maintain the plaintiff No.2. Hence, keeping in view the financial position of the defendant and miscellaneous needs of the minor, the interim maintenance of the plaintiff No.2 is fixed at the rate of Rs.1800/- per month from today. The defendant is liable to pay the interim maintenance to the plaintiff No.2 on or before the 10th of every month.
Out of the divergent pleadings of the parties following issues are framed:
ISSUES:
1.                 Whether the plaintiffs are entitled to recover past as well as future maintenance allowance from the defendant as prayed for?OPP
2.                 Whether the plaintiff is entitled to recover dowry articles as per list attach with plaint or its alternative price Rs.8,80,000/- as prayed for?OPP
3.                 Whether the suit of the plaintiff is false, frivolous, baseless and is liable to be dismissed? OPD.
4.                 Relief.
                   File now to come up for payment of interim maintenance and evidence of the plaintiff for 00.01.0000.

Announced:
18.12.0000
JUDGE FAMILY COURT,


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