PESHAWAR, Nov 21: The Chief Justice of the Peshawar High Court has constituted a full bench for hearing the question whether an amendment made to the Family Court Act, 1964, by the military government two years ago is against the Constitution and injunctions of Islam.

The bench comprising Justice Malik Hamid Saeed, Justice Qaim Jan Khan and Justice Iiaz Afzal will take up for hearing on Nov 22 (Monday) a writ petition filed by Ms Saima Irum, against an order of the family court.

The court would decide whether the restoration of Haq Mehr to the husband after the marriage is dissolved upon failure of pre-trial reconciliation between the parties, is against the injunctions of Islam and Constitution of Pakistan.

Advocate Siddique Haider Qureshi will represent the petitioner and advocate Mahmood Alam Khan will appear for the respondent-husband, Major Muhammad Tariq. Women rights activists opposed the amendment on the ground that restoration of dower to husband even in case of a wife seeking dissolution of marriage on the ground of cruelty would be a great injustice to that woman.

Prior to the impugned amendment, section 10(4) of the Family Court Act stated that if no compromise or reconciliation is possible between the husband and the wife the court shall frame the issue in the case and fix date for the recording of the evidence.

Through the Amendment Ordinance LV of 2002, promulgated by President General Pervez Musharraf on Oct 1, 2002, a proviso was added to section 10(4) which states: "provided that notwithstanding any decision or judgement of any court or tribunal, the Family Court in a suit for dissolution of marriage, if reconciliation fails, shall pass decree for dissolution of marriage forthwith and shall also restore to the husband the Haq Mehr received by the wife in consideration of marriage at the time of marriage."

In the present case the family court had invoked the said proviso when pre-trial reconciliation failed between the petitioner, Saima Irum, and her husband, Major Muhammad Tariq Jawed.

On July 24, 2003, the family court dissolved the marriage between the two and restored Haq Mehr (dower) to the husband. Later on, the court framed the issues on Oct 9, 2003, in the suit filed by the lady for dissolution of her marriage on the ground of cruelty by her husband.

Aggrieved with the order of the family court, the petitioner filed a review application, which was subsequently dismissed by the family judge. Against rejection of the review application the lady filed the present writ petition.