PATRICIA ANNE PATEL vs GERALD COWLING PATEL — 1972 PLD 444

Citation: 1972 PLD 444

Court: Sindh High Court

Year: 1971

Decision Date: 1971-10-11

Parties: PATRICIA ANNE PATEL vs GERALD COWLING PATEL

Headnotes

Case cited as PLD 1972 Karachi 444

Judgment Text

Court Name: Sindh High Court Judge(s): Abdul Qadir Sheikh, Durab Patel, Muhammad Ali Sayeed Title: PATRICIA ANNE PATEL vs GERALD COWLING PATEL Case No.: Reference No. 1 of 1968, Date of Judgment:1971-10-11 Reported As: PLD 1972 Karachi 444 Result: Decree confirmed JUDGMENT JUDGMENT JtrDomrr MUHAMIIAD Am SAYBBD, 1.-The petitioner, claiming to be a Christian of the Catholic faith, applied to the learned District Judge of Karachi for dissolution of her marriage with the appellant under section 10 of the Divorce Act (No. 1V) of 1869. The petition was admitted by the District Judge and transferred to an Additional District Judge for trial. The learned Additional District Judge, by his judgment dated 22-12-1967, decreed the dissolution of the marriage. This decree has now come up before us for confirmation under section 17 of the Divorce Act. 2. A preliminary question of some interest which arose in this as well as other divorce cases before us was with regard to the competence of the District Court of Karachi to entertain petitions for dissolution of marriage under section 10 of the Divorce Act. This section enables a husband or a wife to present a petition to the 'District Court' or the High Court praying that the marriage may be dissolved. It was under this section that the present petition was filed in the District Court at Karachi. The term 'District Court' has been defined by section 3 (3) of the Divorce Act as followst "'District Courts' means, in the case of any petition…

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