Get Know About Suit For Dissolution of Marriage in Pakistan:
Documents intended to be produced
by the plaintiffs were expedient and important for the just decision of the
case. Judge Family Court had not exercised his jurisdiction properly while
passing the impugned order and dismissed the application by the plaintiffs on
the ground that they did not append said documents with the plaint at the time
of filing the suit of dissolution
of marriage in Pakistan. Impugned judgment of the Judge Family Court,
being illegal and void was set aside and the plaintiffs were permitted
circumstances in evidence, to additional produce. Basic intention of law in the
light of proviso to S. 7(2) of the West Pakistan Family Courts Act,1964
Controversial factual aspects, parties by provided ample opportunities to lead
their respective evidence so that such disputes be resolved within the minimum
possible time at the earliest stage.
Non-beneficial Result of Family Court For Dissolution of Marriage in Pakistan:
Failure of Family Court to frame
a specific issue was found. Mere failure of Family Court to frame a specific
issue regarding dissolution of marriage in Pakistan should not invalidate Khula
decree granted by Appellate Court 6. Judge did not mention fact about
reconciliation in judgment. Mere fact that presiding Judge did not mention fact
about consequence if such mention made in order sheet does not invalid
dissolution of marriage in Pakistan. Ex
parte decree in the absence of any sufficient cause for non-appearance of
defendant or anybody else on their behalf ex parte proceedings should not be
set aside. Ex parte evidence proving entitlement too maintenance allowance and
dower and dowry articles lying with the defendant. Family Court did not commit
any illegality while decreeing the suit of dissolution of marriage in Pakistan
and others. Application for setting aside ex parte judgment and decree was
filed by petitioner after 7 months of judgment of Appellate Court, which was
dismissed being time-bared for which petitioner alone was to be blamed and
suffer for consequences. Petitioner was required to explain delay of each day
but he failed to do that.
West Pakistan Family Court Act:
No ground for condonation of
delay in filing application for of delay under S. 9(6) of West Pakistan Family
Courts Act, 1964 having been given, said application was rightly dismissed by
Appellate Court. Record revealing that none of the parties appeared on the date
fixed for pre-trial reconciliation proceedings and party were ordered to appear
in person. Husband therefore, could not be proceeded against ex parte when the
wife herself was not present on the date. Defendant in his affidavit filed in
support of his application under rule 13, Family Courts Rules, 1965 denied
service of summons upon him signature of defendant on said affidavit totally
different from that on copy of summons produced by bailiff. Inquiry in the
matter if reasonably required in order to arrive at a legitimate Conclusion
that summons had been duly served. Dismissal of application by Family Court in
case of dissolution of marriage in Pakistan simply on the ground that ex parte
order had already been announced is no reason in the eye of law.
In the end result for Dissolution of Marriage in Pakistan:
Such a bald observation clearly
negates the provision of S.9 (5) (a) and such a slipshod and rough order is to
be refrained from while performing duty of judicial dispensation. Petitioner
appearing before the Court after two years when he was procured ex parte
request to set aside ex parte proceeding not allowed, however, High Court
allowed to join the proceedings and cross the witness. Lady, after obtaining ex
parte decree for dissolution of marriage in Pakistan contracting second
marriage after passing the period of lddat and from her wedlock a daughter was
born.
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