Thursday 27 February 2020

Get Know Legal Procedure For Dissolution of Marriage in Pakistan


Suit Transfer of Dissolution of Marriage in Pakistan:

Transfer of family suits in dissolution of marriage in Pakistan should be done on merit. Transfer of applications from both husband and wife. Wife ordinarily resided and worked in L and had to look after her son who was living with her and studying in local school and in these circumstances if she was compelled to go to S on each date of hearing in connection with the three suits between the parties, it was not difficult to imagine the enormity of her inconvenience and brother while it would not be as disturbing for husband if the suits filed by him were transferred to L. Suits were ordered to be transferred to L in circumstances. 8. Transfer of a suit was not available. Where provision for transfer of a suit was not available in a statute such defect, held could lead to denial of justice and could be cured by resort to provisions of Article 203 of the Constitution of Pakistan, 1973, High Court in exercise of Constitutional jurisdiction ordered transfer of family suit from Court at H to Court at K 9. Application by wife for transfer of suit of dissolution of marriage in Pakistan was valid.


Appealed By Wife For Transfer of Suit For Restitution of Conjugal Rights:

Application by wife for transfer of suit filed against her by her husband for restitution of conjugal rights at S to Lon the ground that she was living L with her parents. Contention of wife was that she apprehended danger at the hands of her husband in the event of her going to S to defend the suit brought against her by the husband. Affidavit was filed by wife in support of her contention while no counter-affidavit was filed by husband. High Court ordered the transfer of case from S to L accordingly. Transfer of case. dismissal of her suit for dissolution of marriage in Pakistan before District Judge at TTS while husband had filed suit for restitution of conjugal rights against the wife at L Application for transfer of case by wife on the ground that she apprehended trouble at the hands of her husband in the event of her coming to L to defend the suit brought against her.

Order of High Court for Suit Transfer of Dissolution of Marriage:

High Court ordered the transfer of husband's wife had filed appeal against not difficult to imagine the enormity of her inconvenience and brother while it would not be as disturbing for husband if the suits filed by him were transferred to L. Suits were ordered to be transferred to L in circumstances. 8. Transfer of a suit was not available. Where provision for transfer of a suit was not available in a statute such defect, held could lead to denial of justice and could be cured by resort to provisions of Article 203 of the Constitution of Pakistan, 1973, High Court in exercise of Constitutional jurisdiction ordered transfer of family suit from Court at H to Court at K 9. Application by wife for transfer of suit was upheld.


Transfer of Case of Dissolution of Marriage in Pakistan from S to L Accordingly:

Application by wife for transfer of suit filed against her by her husband for restitution of conjugal rights at S to Lon the ground that she was living L with her parents. Contention of wife was that she apprehended danger at the hands of her husband in the event of her going to S to defend the suit brought against her by the husband. Affidavit was filed by wife in support of her contention while no counter-affidavit was filed by husband. High Court ordered the transfer of case of dissolution of marriage in Pakistan from S to L accordingly.

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Get Know About Your Legal Suit Solutions By Best Lawyer in Lahore


Lawyers in Lahore Pakistan and Their Responsibilities:

Lawyers in Lahore Pakistan has a very special responsibility in giving guidance through speeches, letters to the press; not hot-air talk at bar associations of Advocates in Lahore Pakistan about how wonderful we are –but guidance, and illumination on public issues. There are no short cuts to any of these things. You must exercise citizenship in the way which it comes to you to exercise it. If you really know what you are talking about, people will listen."A well known French-man Jean Monet once said to Mr. Justice Frankfurter; "Will you please explain to me why the men whom I regard as the most effective, the most fruitful, and the most creative are lawyers?" He told Monnet the reason that was so because, on the whole, the training of the lawyer was to great degree training in disinterested analysis not true to such degree in any other profession. To see one side of a problem is easy. Almost everybody can do that. To see at least two, and as is often required more than two sides, takes a special training found only in the legal profession by Lawyers in Lahore Pakistan."The Bar still has and must always continue to have attractions.


Qualities of the Good Lawyer:

The Bar does not, indeed hold out promise of great wealth but it has distinctions and adequate means in store for those who bring to its pursuit the necessary qualities of mind and of character. What are those qualities? It is still, to a large extent, true to say that if a youth exhibits talent which shows itself in smartness and facility of speech, such a youth is destined for the Bar. Herein grievous mistakes are often made. All talent is not necessarily talent adopted for success at the Bar, nor is glibness of speech any guarantee of success at it. No more Common mistake is made than to confound facility of speech with capacity to speak.

Justification for the humanity is the first responsibility:

The world is full of men who have nothing to say and say it with ease and even with grace and even with what sometimes passes for eloquence, but I have never known, any man, said the Lord Chief Justice of England, who had something to say which was worth saying, who whatever his difficulties of utterance or natural poverty of language may have been, has not been able to say that something forcibly and well. I have never known a man with suitable natural gifts accompanied by industrious patience who has not had his opportunity at the Bar, and his success. He may indeed, have to wait but he will not wait in vain.""What then are the considerations which ought to determine the choice of the Bar as a profession? I name love of the profession as the first consideration. I name physical health and energy as the second.


You can be easily figure out your suits by best Advocate in Lahore Pakistan:

No man of weak health ought to be advised to go to the Bar of Advocates in Lahore Pakistan. Its pursuit involves long hours of close confinement, often under unhealthy conditions; and the instances of long continued success at the bar and of lengthened usefulness on the bench in the case of men of weak physique are few and far between. The only two men of weak physique within my own experience (extending considerably beyond a quarter of century) who achieved marked success were the late Sir George Mellish and the late Lord Cairns. Both were exceptionally able men, but each labored under the disadvantage of a weak constitution, and the premature death in the case of both of them deprived the world of the prolonged advantage of two minds of the highest judicial character & lawyers in Lahore Pakistan are the best in the world.

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Wednesday 26 February 2020

Short Procedure of Suit For Dissolution of Marriage in Pakistan


Judgment of Suit for Dissolution of Marriage in Pakistan According to S.1(2) of West Pakistan:

Under S. 1(2) of West Pakistan Family Courts Act, 1964, residence of one party would give jurisdiction to Family Court in Pakistan to entertain such suit even though marriage not solemnized in Pakistan. Suit for dissolution of marriage in Pakistan according to Rule 6 of West Pakistan Family Courts Rules, 1965 could be filed in Family Court within whose local limits wife was ordinarily residing, while suit for recovery of maintenance could be filed in Family Court within whose local limits cause of action had arisen wholly or in part. Record showed that wife and her children residing since long in Pakistan were registered citizens of Pakistan holding national identity cards. Cause of action as stated by wife had arisen to her in Pakistan. Wife and her children could invoke and avail jurisdiction of Courts in Pakistan including Family Courts. High Court dismissed Constitutional petition in circumstances. Suit for dissolution of marriage in Pakistan and recovery of maintenance by wife both can be filed together.


Dismissal Seeking Appeal of Husband For Suit by Family Court:

Husband's application seeking dismissal of suit by Family Court in Pakistan for lacking jurisdiction to try the same as parties was citizens of State of Azad Jammu and Kashmir. Family Court dismissed such application. Order of Appellate Court dismissing husband's appeal not to be competent against such order of Family Court for lacking of an interim nature was valid. High Court could address question of legality of order impugned in such appeal. Family Court could summon judgment-debtor- Adopt coercive measures. Family Court could summon judgment debtor to payment decreed amount and in case of his refusal could adopt coercive measures against him. Family Court would not be bound by any particular procedure, but could direct such recovery in a manner laid 19643 down in S. 13(3) of West Pakistan Family Courts Act, 4 Suit for dissolution of marriage-Objection of the defendant regarding territorial jurisdiction of Family Court at place 'B, was rightly turned down. Suit for dissolution of marriage in Pakistan, maintenance and recovery of dowry articles can all be joined together.

Family Court Orders for Recovery of Maintenance with Dissolution of Marriage:

Application of defendant bearing objection regarding territorial jurisdiction of the Court having been dismissed by the Trial Court, defendant had filed Constitutional petition against such dismissal. Defendant contended that plaintiff belonged to District K and marriage was also solemnized in that District, whereas suit filed by the plaintiff at District B was decided by Court at place B despite defendant having raised objection with regard to territorial jurisdiction of the Court. Defendant had himself admitted that plaintiff's suit for dissolution of marriage in Pakistan and recovery of maintenance allowance, was decided by the Court at place B and he did not raise any objection with regard to territorial jurisdiction of the Court.


Objections by the Defendant For Suit:

Latest objection of defendant with regard to territorial jurisdiction of same Court to try suit for recovery of dowry articles, was devoid of any force Objection of the defendant regarding territorial jurisdiction of Family Court at place B, was rightly turned down. No legal infirmity or unlawful exercise of jurisdiction existed in the order passed by Family Court. Defendant having no case to invoke the Constitutional jurisdiction of High Court, petition was dismissed, in circumstances. 5. Expeditious settlement and disposal of family disputes. Technicalities and procedure bottle necks for purpose of speedy justice between parties in shortest possible time and in shortest possible manner. Parties can compromise at any stage of family case. In the instant case, the parties had led their evidence PW and contra and while exercising power under S. 12 of Family Courts Act, a second effort was made by Family Court for a compromise between parties.

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Professional Lawyer in Lahore With More Supportive Behavior


Non Co-Operative Lawyers in Lahore Pakistan:

Lawyers in Lahore Pakistan were plainly "seen" to be encouraging non cooperative attitudes before officers seeking to enforce the law. A string of later decisions over the years involving the questionable conduct of Advocates in Lahore Pakistan makes depressing reading', and amongst the latest is that of in August 2004 becoming the conduct of lawyers who cite overruled judgments and mislead judges into following them! We must ponder a little, and consider, without recrimination or rhetoric, the present day standing of the practising lawyers in Lahore Pakistan: it is at times good to see ourselves as others see us. The picture is not a very flattering one. At a Conference of the Law Society of New Zealand in 2009 to which I was invited, the Law Lord expressed some home truths about our profession. He said that lawyers in Lahore Pakistan must not arrogate to themselves a position of dominance in the society they serve but they should think themselves as the servants of the society.



What the responsibility of Lawyer?

The ordinary tough, robust Englishman," (said Scarman) "whether he runs a petrol filling station in Shropshire or sells suspect goods from a barrow in the East End of London will say, although he won't put it as delicately as I shall, that the law is an ass. But he will never say lawyers in Lahore Pakistan are idiots. He may say they are too expensive. He may say they are overbearing. He may say they are fortunate and far too wealthy. But he will, and does, respect them. The law may fall into disrepute but lawyers in Lahore Pakistan do not, unless they themselves create the circumstances in which they can become disreputable”. Yes. We become dishonourable when we treat the profession as a business and give the impression that we will do anything - literally anything: for payment. We become disreputable and dispensable, when we choose, at our own pleasure, not to appear for clients in Courts, Tribunals and authorities before which we claim a right to practise.

How to pretend about your Profession:

We demean ourselves, and our profession, when we resolve to strike work - and (so) paralyse the working of Courts, Tribunals and Statutory authorities where public cases and causes demand our expertise, our intercession and assistance. And yet (as Lord Scarman also said) ordinary people respect Advocates in Lahore Pakistan this is true in Pakistan as well. People see lawyers in Lahore Pakistan as "more equal" than themselves. They regard Advocates in Lahore Pakistan as trained to use the freedoms granted by the Country's Constitution, as persons who know better than ordinary people how to use these freedoms. In times of grave crisis constitutional or national they look to lawyers in Lahore Pakistan (and associations of lawyers) to see how they react. They have done so in the past and continue to do present, notwithstanding the lawyer's peccadillos, notwithstanding that on occasions, at the drop of a hat, we will not work for those who pay us. What is so in the reason from this? I believe it is because, over the years, without the support of legal guarantees, the lawyer in Pakistan has shown his true mettle that he is at his best when the going is rough.



Must be kept human rights in mind:

Lord Atkin once said that an impartial administration of the law is like oxygen in the air; people know and care little about it till it is withdrawn. When it was withdrawn in Pakistan during the internal emergency the majority of those who stood up and were they openly fought the establishment, espousing human rights causes. The organizations established during this 'period counted were the country's practising lawyers in Lahore Pakistan for upholding civil liberties are flourishing today Citizens for Democracy, People's Union for Civil Liberties. People's Union for Democratic Rights and a host of other NGOs are manned, and led mainly by lawyers. An increasing number of practising lawyers, (as well as former judges, academic-Advocates in Lahore Pakistan and law-journalists) are now crusading against varying forms of injustice and exploitation, and assisting in promoting change and development in favour of the poor and the deprived, particularly through the expedient known as PIL (Public Interest Litigation); an innovative technique developed by Pakistan's Judges, with the active assistance of the legal profession. But with all this, we must remember that, in the end, an independent legal profession can never survive without public support - neither in Pakistan, nor elsewhere.

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Tuesday 25 February 2020

Best Professional Lawyer For Dissolution of Marriage in Pakistan


Suit for Dissolution of Marriage in Pakistan in form of Divorce or Khula:

Wife filed suit for dissolution of marriage in Pakistan at Lahore. Subsequently husband filed suit for restitution of conjugal rights at Rawalpindi. Wife sought transfer of husband's suit. Husband is not likely to suffer greater inconvenience if husband's suit is transferred to Court at Lahore. Husband's suit transferred.  When Dissolution of marriage in Pakistan takes place? Where husband says that he has divorced his wife and the wife denies that she was divorced, the divorce should be held to take effect from the date upon which the statement was made by the husband. Dissolution of marriage in Pakistan at Lahore took place eleven months after the institution of suits by wife, husband instituted suit for restitution of conjugal rights at Attock. Husband did not move any application for transfer of suit, so he had to come. Wife instituted three suits including suit for to Lahore to contest the suits filed by wife. Wife made Lahore.


File Suit for Dissolution of Marriage to Restitution of Conjugal Rights:

Held: It is well-established that suits for dissolution same party should be tried by one and the same Judge application for the transfer of suit of husband from Attock took marriage and restitution of conjugal rights between them and more appropriate place for trial of suit is the place where wife had instituted the suit, in this view of matter suit for restitution of conjugal rights withdrawn from the Court at Attock and entrusted to Court at Lahore before which suit of wife are pending. Suit for dissolution of marriage in Pakistan filed by wife from her place of residence was different from place of solemnization of marriage. Suit for dissolution of marriage in Pakistan can be filed by wife from her place of residence which is different from place of solemnization of marriage. Family Courts in their matrimonial jurisdiction was marriage certificate. Only evidence on which matter could be decided by Family Courts in their matrimonial jurisdiction was marriage certificate, the basic document of marriage itself. Family Courts while pursuing their jurisdiction ignored or did not fully give effect to the terms in that document thus, acting illegally and otherwise than in accordance with law.

Solving the suit by Shariat:

Provision of Ordinance, prima facie seems to be in conflict with Shariat. These provisions have all along been given effect to by Courts in absence of proper forum to examine these provisions in light of Qur'an and Sunnah. Khula decree challenged in writ jurisdiction with contention that marriage could not be dissolved as wife had not returned jewellery and dowry given to her at time of marriage. Evidence on record not showing that wife was in possession of ornaments given to her by husband so she was not obliged to return the same. Evidence rather establishing that value ornaments and dowry were still retained by husband. Held Khula decree was in consonance with law and did not merit interference in writ jurisdiction on contention raised by1husband/petitioner.


The Result for the suit for Dissolution of Marriage in Pakistan by Family Court:

Dissolution of marriage, suit for-Wife being lecturer presumed to have married-Agony of wife Decree of dissolution not to be disturbed in exercise of writ jurisdiction. Wife being lecturer presumed to have married as free agent and not expected to seek dissolution within a year. Suit instituted at the age of 27 and prosecuted litigation quo dissolution for seven years. Order of remand of case, held, would prolong agony of wife. Decree of dissolution of marriage in Pakistan should not be disturbed in exercise of writ jurisdiction Article 199. Affirmation of dissolution of marriage through the ground of Khula can be done. Affirmation of dissolution of marriage through the ground of Khula challenged in Constitutional jurisdiction before High Court was considered invalid.



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Monday 24 February 2020

Know About Simple Procedure For Dissolution of Marriage in Pakistan


Issues in Suits for Dissolution of Marriage in Pakistan:

Transfer of case, application for-Plaintiff had filed suit for dissolution of marriage in Pakistan and recovery of dowry articles. Plaintiff had filed suit for dissolution of marriage in Pakistan and recovery of dowry articles which was pending in the Court at place "L". Defendant had also filed suit for recovery of amount against the plaintiff, which was pending in the Court at place "G'. Plaintiff had sought transfer of Suit for recovery of amount filed by the defendant which was pending in the Court at place “to the Court at place "L" where her suit was pending. Contention of the plaintiff was that she was living at place "L" with her mother, who was an old lady and, could not pursue the case filed by defendant at place "G"'.


Appeal for Transfer of Suit for Dissolution of Marriage in Pakistan:

Defendant had opposed transfer application stating that same had been filed just to harass him, which fact was apparent from the order passed by Family Court at place "L" that plaintiff's side was very influential and that filing of transfer application was just to refrain him from pursuing his case; and that instead of transferring the case of defendant from place "G", the case pending at place "L could be transferred to place "G". Record of the case had revealed that plaintiff's side along with some lawyers of the local bar had attacked defendant in the Court and had caused serious injuries to him as well as his brother. Criminal case in that regard had already been registered against plaintiff's side. Submissions made on behalf of the defendant had full support from the order of the Family Court and F.l.R. lodged by the defendant.

Judgment of Suit for Dissolution of Marriage in Pakistan:

Case was already ripe for pronouncement of judgment in the near future. Transfer of the case at that stage would not be proper, in circumstances which were declined. Transfer of suit from one District to another District. Applicant had not taken any valid and cogent ground for transfer of suit. Such plea could not be a ground for transfer of suit. Transfer of case. Transfer of case was claimed on the grounds, firstly, that applicant was residing at place "K” Court dismissed transfer application in secondly, the address of respondent had wrongly been mentioned by the respondent before the Court below; and thirdly, respondent had contracted marriage without dissolution of marriage in Pakistan. All said grounds as urged by the applicant, did not call for transfer of the case.


Result will be issued by Family Court:

Family Court had jurisdiction when the girl had shown her residence and territorial jurisdiction was not governed by his residence without nothing was on record that plaintiff/respondent had changed or adopted the residence to defeat the territorial jurisdiction of any Court. No cogent reason for transfer of case was made out, in circumstances. High Court observed that applicant should approach the Trial Court, if at all he was able to convince the Court as to its territorial jurisdiction, the Court could pass such order as could be necessary. Wife who is not resident in Pakistan can seek transfer of case from one District to another District. Power u/s 25-A can be exercised by High Court suo motu. Transfer application. Petitioner pardanashin lady and also apprehended trouble at the hands of the respondent in the event of coming to the district to defend the application made against her of the custody of minor. Petitioner deserved accommodation in preference to the respondent in circumstances.

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