ATA MUHAMMAD versus SAHIB KBATOON.

Section 17 (2) reads the Oaths Act (X of 1873), Section 8 dissolution of the marriage oppressed, unlawful, the suit of the wife for dissolving the marriage on the basis of the bad character of the husband supported by the statement of her husband. The wife's allegations against the husband support that the court offers that if such witnesses state the type of divorce in the presence of the court and the parties, the acceptance of the offer by his wife Later, his wife can be sentenced to court, and record a witness's statement on the oath. In the case of the wife's nomination, the oath is common among the people and the parties, and justice or decency is not violated. The decision was not declared illegal by the court nor lack of jurisdiction. There can be no exception to the decision.

1981 C L C 565

[Lahore]

Before Zakiuddin Pal, J

ATA MUHAMMAD‑Petitioner

versus

Mst. SAHIB KHATOON AND ANOTHER‑Respondents

Writ Petition No. 755 of 1976, decided on 10th February 1981.

West Pakistan Family Courts Act (XXXV of 1964)‑---

‑‑ S. 17(2) read with Oaths Act (X of 1873), S. 8‑Dissolution of marriage‑Suit of wife for dissolution of marriage on grounds of cruelty, non‑maintenance, bad character of husband‑Allegations of wife against husband supported by statement of her witness‑Hus band making offer before Court that if such witness states on oath of talaq before Court and in presence of parties that his statement was correct, suit of his wife may be decreed‑Court, after acceptance of offer by wife, recording statement of witness on oath and decreeing suit of wife‑Such oath found to be common amongst people and locality of parties and not repugnant to justice or decency‑Held, judgment passed by Court neither illegal nor suffering from lack of jurisdiction‑No exception can be taken to such judgment.

Ch. Noor Muhammad for Petitioner.

Qazi Muhammad Saleem for Respondent.

Dates of hearing : 20th September and 20th December 1979.

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