The above titled appeal has been directed against the Judgment of Family Judge Dheer-Kot dated 8.5.2008 whereby, the application for filing the amended plaint was allowed by the said Court.
2. The brief facts forming the background of the instant appeal are that a suit for dissolution of marriage was pending before Family Court Dhirkot. During the pendency of the aforesaid suit, the respondent moved an application for filing amended plaint before the Family Court Dhirkot. The said, Court after hearing the parties allowed the same vide its order dated 8.5.2008. Hence this appeal for reversal of the same.
3. Sardar Shamshad Hussain Khan, the learned Counsel for the appellant argued that the trial Court committed grave illegality while recording the impugned order. The learned Counsel further contended that under. law, the amendment in the suit cannot be allowed which changed the nature of the suit but the trial Court wrongly and illegally allowed the same without any reasonable justification. Finally, the learned Counsel prayed that by accepting the appeal, the impugned order may be set aside.
4. On the other hand, the learned Counsel for the respondent argued that this a interlocutory order and under law, no appeal shall lie against the same therefore, the appeal may be dismissed on this ground.
5. I have heard the learned Counsel for the parties and perused the relevant record with great care.
6. The present appeal has been directed against the interim order dated 8.5.2008 of the trial Court, whereby an amendment in plaint was allowed to respondent. Section 14 of Family Courts Act provides that any party aggrieved by a decision or decree under this act can file an appeal to Shariat Court. However, interlocutory or interim orders have not been made appealable. Thus, the present appeal being filed against interim order is not competent before this Court.
7. So far as the competency of the trial Court to allow the amendment is concerned, there is no bar to allow the amendment for seeking the dissolution of marriage on the ground of Khullah even if, she had previously failed to claim as such. Because right to seek and secure such divorce by exercising the right of Khullah by a Muslim married lady is recognized by Islam and the same can be claimed at any stage of the proceedings.
8. No doubt, there is no express provisions of amendment in Family Courts Act however, where any matter relating to family dispute is not governed by express provisions, the family Court is competent and justified to pass any order, in the interest of justice and expeditious disposal of the case. In this regard, reliance can be placed on (2001 YLR 2415) wherein it has been observed that 'Family Court can dismiss the suit for non-prosecution, restore the same, pass an order for ex-parte proceedings and recall it, allow amendment of pleadings etc.
9. Therefore, keeping in view the above observations, the impugned order passed by the trial Court appears to be perfect and quite in accordance with law, thus, the same is allowed to stand.
10.For the reasons listed above, finding no force in this appeal, it is hereby dismissed.