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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