Monday 10 February 2020

Get Best Lawyer For Dissolution of Marriage in Pakistan By Legal Way


Suit for Dissolution of Marriage in Pakistan Case Transfer:

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 or divorce procedure in Pakistan  High Court ordered the transfer of husband's suit from L to TTS with direction to District Judge, TTS to entrust the case to a Family Court other than the one which had dismissed the wife's suit or hear the case himself and if the case was not heard by the District Judge himself he may consider the question of staying proceedings in the wife's appeal till the disposal of the suit brought by the husband.


After Transfer from L to TTS:

Omission or irregularity in signing and verification of pleadings and presentation of plaint does not make it invalid. Plaint of dissolution of marriage in Pakistan could not be rejected or suit could not be dismissed for such omission or irregularity for being rectifiable at subsequent stage. Judge Family Court directed the defendants to produce their entire evidence on the next date of hearing and put the defendants on notice of striking off defense in case of their failure to do the same. Defendants complied with the orders of Family Court by producing two witnesses and again requested for some time that their other witnesses were not available at the relevant time. Family Court on such failure to produce entire evidence struck off defense of the defendants.



Some Important Order of Court:

Defendants were required to produce their entire evidence but they had failed to produce the same and partial compliance of orders of the Court was made by producing two witnesses which on the face of it reflected that defendants had no intention to flout the orders of the Court and non-availability of rest of the witnesses might be due to some unavoidable circumstances. Order of striking off defense appeared to be harsh one and the Family Court instead of striking off the defense of the defendants should have provided yet another last and final opportunity as the orders of the Family Court were partially complied with. High Court allowed Constitutional petition and set aside the impugned order of Family Court subject to payment of cost of Rs.3000. High Court further directed that last and final chance was granted to defendants to produce their evidence on the date fixed failing which they had to face the consequences and would have no further chance to produce any witness. Plaintiffs moved an application for submission of documents as additional evidence in case of dissolution of marriage in Pakistan.



About Act, 1964:

Plaintiff moved an application for submission of documents as additional evidence, in order to prove the monthly income and financial status of the defendant, during the trial of the suit Said application was dismissed vide impugned order on the ground that documents intended to be produced, were neither appended with the plaint nor were relied upon by the plaintiff sin the list of reliance. Family Court under first proviso to S. 7(i) of West Pakistan Family Courts Act, 1964 was possessed with the powers to allow any document to be produced, which was expedient and just for the fair administration of justice. Additional evidence which was necessary for just and fair decision of the case of dissolution of marriage in Pakistan, could be allowed at any stage of the case.


For Further Detail Visit:
https://suitoflegallaw.blogspot.com/2020/02/get-professional-lawyer-for-dissolution.html
https://suitoflegallaw.blogspot.com/2020/02/professional-lawyer-for-dissolution-of.html
https://suitoflegallaw.blogspot.com/2020/02/professional-lawyer-for-suit-for.html
https://suitoflegallaw.blogspot.com/2020/02/best-lawyer-for-dissolution-of-marriage.html
https://professionallawyers11.blogspot.com/2020/01/legal-procedure-of-khula-in-pakistan.html
https://professionallawyers11.blogspot.com/2020/01/maintenance-of-wife-in-pakistan.htmlhttps://suitoflegallaw.blogspot.com/2020/02/get-know-about-halala-after-khula.html

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