Monday, 3 September 2018

On failure of reconciliation Court is bound to pass decree

A family court is bound to pass decree for dissolution of marriage on the basis of Khula on failure of pre-trial reconciliation proceeding. Family Courts in Pakistan do not have powers to proceed further with cases of Khula once reconciliation between parties fail.

According to the provisions of Section 10(4) of West of Pakistan Family Courts Act 1964 the Family Judge is bound to pass decree on the failure of reconciliation between parties. There are few steps involved in every family case.

A good thing about family cases is that there is pre-trial reconciliation proceeding in it. This step comes after the filing of written statement by the defendant. No court can bypass this step and no court has powers to proceed further in cases where parties do not agree to reconcile at this stage.

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