24/12/2022
P L D 2020 Lahore 160
Before Shahid Bilal Hassan, J
PERVAIZ AFZAL---Petitioner
Versus
MEHWISH and 2 others---Respondents
Writ Petition No.175072 of 2018, decided on 31st October, 2019.
Divorce Act (IV of 1869)---
----Ss. 10, 7 & 22---Christian divorce---Grounds for dissolution of marriage by wife---Nature of proceedings under Divorce Act, 1869---Ground of adultery---Scope---Husband/petitioner impugned order of Appellate Court whereby suit for dissolution of marriage filed by wife was decreed---Contention of husband/petitioner was, inter alia, that impuged order was based on non-reading of evidence on record with regard to alleged adultery---Scope---Section 10 of the Divorce Act, 1869, had made clear that unless and until the grounds(s) mentioned therein were not provided, no divorce/dissolution of marriage could be granted since concept of Khula was alien to Chirstian marriage---Procedings under the Divorce Act, 1869 were regulated under C.P.C. and like a civil suit, any fact pleaded in plaint or written statement was to be proved by leading trustworthy evidence---While wife/respondent, in the present case, had stated that her husband had committed adultery, however nothing pivotal to her stance was brought on record, thus dissolution of marriage decree could not have been granted---Even when examined under the restored S.7 of the Divorce Act, 1869, wife, in the present case, had failed to discharge burden with regard to the alleged ground of adultery---Impugned order was, therefore, not based on proper appreciation of evidence and was set aside---Constitutional petition was allowed, accordingly.
