Case law on dissolution of marriage

The wife filed for divorce, withdrew it, then claimed fraud. Courts set aside the order, dissolved the marriage for justice.

wife in Sindh, Pakistan. The wife filed a suit to dissolve their marriage, but she later withdrew it in the Family Court. However, she didn't give up. She made an application under Section 12(2) of the Civil Procedure Code, claiming fraud and misrepresentation. The Family Court and the Lower Appellate Court, understanding the gravity of the situation, set aside the previous order and dissolved the marriage.

The husband argued that the Family Court didn't have the jurisdiction to do so under Section 12(2) of the C.P.C. However, the courts emphasized that when there is a need to correct a fraudulent order, technicalities shouldn't stand in the way of real justice. They believed in granting substantial justice to the genuine litigant, focusing on the essence of the application and the plea made.

In the end, it was concluded that the lower courts acted correctly in setting aside the order, ensuring that justice prevailed over minor technicalities and that the true spirit of the law was upheld.

فیملی کیس میں (2 )12 کی درخواست دی جاسکتی ہے ۔

2021 CLC 270

Family Courts Act (XXXV of 1964), S.13. [Sindh] ----Ss. 5 & 17---Civil Procedure Code (V of 1908), S. 12(2)--- Judgment and decree, setting aside of---Jurisdiction. of Family Court---Wrong provision of law---Parties were husband and wife inter se and suit for dissolution of marriage filed by wife/respondent was dismissed as withdrawn by Family Court---On application under S.12(2), C.P.C. filed by. wife/respondent Family Court and Lower Appellate Court set aside the order on the plea of fraud and misrepresentation and marriage was dissolved---Plea raised by husband/petitioner was that Family Court did not have jurisdiction to set aside order under S.12(2), C.P.C.---Validity---If power of Court was there and Court had got jurisdiction tó undo a fraudulent order obtained, then all such irrational technicalities and formalities should not deprive a real and genuine litigant--Contents of application and prayer of litigant were to determine fate of a suit, an appeal or a petition---Substantial justice must be done, granted and showered upon genuine litigant, leaving aside ali formal and minor technicalities hindering path of justice---No jurisdiction error, legal infirmity and illegality existed in order passed by Courts below, rather vested jurisdiction was judiciously and aptly exercised--

For more information call us 0092-324-4010279 Whatsapp Dear readers if u like this post plz comments and follow us. Thanks for reading .as you know our goal is to aware people of their rights and how can get their rights. we will answer every question, so we need your help to achieve our goal. plz tell people about this blog and subscribe to our youtube channel and follow us at the end of this post.