MRS. DAPHNE JOSEPH vs Malik ERIC ROSHAN KHAN — 1971 PLD 887

Citation: 1971 PLD 887

Court: Sindh High Court

Year: 1971

Decision Date: 1971-01-19

Parties: MRS. DAPHNE JOSEPH vs Malik ERIC ROSHAN KHAN

Headnotes

Case cited as PLD 1971 Karachi 887

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Imdad Ali H. Agha Title: MRS. DAPHNE JOSEPH vs Malik ERIC ROSHAN KHAN Case No.: Civil Miscellaneous Appeal No, 114 of 1970 Date of Judgment:1971-01-19 Reported As: PLD 1971 Karachi 887 Result: Appeal dismissed JUDGMENT JUDGMENT QADEERUDDIN AHMED, C. J.--This appeal is directed against the order of the District Judge, Karachi, dated the 17th of September 1970, by which he dismissed Divorce Petition No, 3 of 1969, on the ground that he had no jurisdiction to entertain it. 2. The facts, which form the background, are that the appellant Mrs. Daphne Joseph was married to the respondent Malik Eric Roshan Khan. According to her counsel both of them were Christians at the time of their marriage, and that the marriage had taken place in October 1962, at Lahore. They lived in Lahore and later on the respondent left for West Germany to be trained in electronics and did not contact her for five years. There he embraced Islam in 1968 and appears to have married another woman. On the 6th of March 1968, he divorced the appellant in accordance with Muslim Law. She was not satisfied with that divorce; therefore, herself submitted an application under section 10 of the Divorce Act of 1869. According to her counsel the grounds, on which she made that application, were that in terms of section 10 of the Divorce Act of 1869 her husband had exchanged his profession of Christianity for the profession of Islam and "gone through a form of…

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