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:
No comments:
Post a Comment