Let Know About Law For Suit of Dissolution in Pakistan By Professional Lawyer

Let know about Suit of Dissolution of Marriage in Pakistan:

Ex-husband having knowledge of pendency of proceeding for dissolution of marriage in Pakistan deliberately avoiding his appearance. Lady already contracting second marriage and living with her second husband, the ex-husband failing to substantiate his non-service in the suit for dissolution of marriage in Pakistan, Supreme Court declined to interfere. Time taken by defendant in making application for setting aside ex parte decree was granted. Rule-making authority having reasonableness of time taken by defendant in making application for setting aside ex parte decree, Rule 13 of West Pakistan Family Courts Rules restricting period of limitation to 30 days to be ultra vires of sub-section (6) of S. 9 of Act.2 3. Dissolution of marriage in Pakistan ex parte decree was granted by Family Court.

Application for Dissolution of Marriage:

Suit filed by wife for dissolution of marriage ex parte decree granted by Family Court. Husband's application for setting aside ex parte decree dismissed on ground that wife had contracted second marriage after ex parte decree. Husband invoked writ jurisdiction of High Court challenging order. Order of Family Court dismissing husband's application set aside. Held, contracting of a second marriage by wife soon after obtaining ex parte decree could hardly be treated a valid ground for throwing out husband's application for setting aside ex parte decree. Husband's application ought to have been decided after holding an inquiry into question whether he had sufficient reason for not appearing in Family Court to contest dissolution of marriage in Pakistan. Ex parte decree of dissolution of marriage passed. Ex parte decree of dissolution of marriage passed but was set aside by Family Court on being satisfied by husband that service was not duly affected. Order of Family Court setting aside ex parte decree was reversed in appeal by District Judge.

Trial Court Orders for That Condition:

After order of Trial Court reopening case Held: Setting aside ex parte decree does not amount to "decision" hence not appealable. Order of Appellate Court reversing that of trial Court quashed in exercise of writ jurisdiction as District Judge had passed order in appeal without lawful authority. Ex parte decree on the basis of invalid service was found. Family Court without having substituted service merely acting on suo motu report of process-server and passing ex parte decree, the way adopted by the Court held invalid and against mandatory requirement of law.

About Law for Dissolution of Marriage in Pakistan:

Ex parte decree being result of invalid service set aside by the High Court in constitutional jurisdiction adopted recourse to a bald observation that application is dismissed because ex parte order had already been passed would negate provision of S. 9(5) (a). Defendant has a right at or before adjourned hearing to appear and assign good cause for his non-appearance. In case he assigns good cause for his previous non-appearance the Family Court has to hear him in answer to the suit as if he had appeared on a day fixed for his appearance. This would be subject to such terms as Family Court may direct but essentially such terms would not be meant to take away the right of hearing which is granted to defendant under S. 9(5)(a). Held Order of Collector refusing to condone delay was not liable to interference under Article 199.

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Legal Way to Solve Cases of Suit of Declaration in Pakistan | Nazia Law Associates

Cases of Suit of Declaration in Pakistan:

Addition and subtraction of a word in a statute was not justified, except where for interpretation thereof principle of reading in and reading down could be pressed into service in certain cases of suit for declaration in Pakistan along with permanent injunction. When in entry No. 9, of Schedule to West Pakistan Family Courts Act, 1964, "actionable claim" had not been provided by legislature; it would be improper and was impinge upon the legislative intent and rules of interpretation to add such expression to the clause/entry in case of suit for declaration in Pakistan along with permanent injunction. Judgments and decrees passed by all Courts below in favor of wife were set aside and her suit for declaration in Pakistan along with permanent injunction was dismissed. Appeal was allowed.

 

Suit for Recovery of Dowry and Personal Property of Wife:

Suit for recovery of gold ornaments and personal property and belongings of wife could not be decided in suit for declaration in Pakistan along with permanent injunction. Plaintiff sought decree to the effect that she had become owner of the house, car, gold ornaments and half of the landed property of the defendant on the basis of agreement signed by defendant. Trial Court ordered plaintiff to pay the Court-fee holding that matter involved civil liability, so plaintiff's claim could not be entertained. Appellate Court setting aside the order of Trial Court remanded the case with direction to examine the parties under Order X, Rule 2, C.P.C. As per Schedule to the West Pakistan Family Courts Act, 1964, matters relating to dower, maintenance allowance, dowry as well as the personal property and belongings of wife fell within the jurisdiction of Judge; West Pakistan Family Courts Act, 1964.

More about Some Important Rules of Declaration in Pakistan:

The conditions of the contract were not mentioned in the marriage certificate, defendant husband had admitted to the execution of the contract in question, under certain compulsions. Matter involved question of fact to be proved or disproved by the parties through the evidence. Courts below did not exercise the jurisdiction vested in them in accordance with law in case of suit for declaration in Pakistan along with permanent injunction. Constitutional petition was allowed. Impugned orders were set aside. Case was remanded to Trial Court with direction to frame the issues and record evidence and dispose of the matter in accordance with law. Suit for declaration in Pakistan along with permanent injunction was returned to Family Court for lacking territorial jurisdiction. Suit decreed to extent of dissolution of marriage and maintenance of minor son, but plaint to extent of claim for dowry articles returned by Family Court for lacking territorial jurisdiction.

Some Thing about Suit for Declaration in Pakistan You Must Need To Know:

Suit categorized in Schedule of West Pakistan Family Courts Act, 1964 could be instituted in a Court within whose local limits either cause of action wholly or in part had arisen or parties reside or resided together lastly. An omni bus suit could be filed combining therein causes of action of all suits mentioned in Schedule of West Pakistan Family Courts Act, 1964, and Family Court in such case could not divide plaint into causes of action falling within its territorial jurisdiction and those beyond its jurisdiction and return plaint in part for lacking such jurisdiction.

Plaint could be returned as a whole for lacking territorial jurisdiction. Partial or piecemeal return of plaint like partial rejection of plaint was not envisaged by any Rule of West Pakistan Family Courts Rules, 1965 or provisions of the Act. Convenience of females would be an Overriding consideration to disallow partial return of plaint in family suits. High Court set aside impugned judgment to extent of return of plaint with direction to Family Court to decide claim of dowry articles and maintenance for lddat period of wife.

Lawyer Who Knows Latest Procedure for Dissolution of Marriage in Pakistan

Constitutional Petition for Dissolution of Marriage in Pakistan:

Whereas in fling of Constitutional petition lapse of time or question of laches is to be examined on equitable principles for reason that exercise of Constitutional jurisdiction is always in nature of equitable relief. Petitioner had invoked Constitutional jurisdiction of High Court after a lapse of four years in case of suit for dissolution of marriage in Pakistan. Petitioner invoking Constitutional jurisdiction is guilty of contumacious lethargy, inaction, laxity and gross negligence' in enforcement of her right. Petition was liable to be dismissed on ground of delay in case of dissolution of marriage in Pakistan. Notwithstanding recording of evidence of parties- Pronounce the judgment. Deviation in procedure under family courts Act notwithstanding recording of evidence of parties. Pronounce the judgment. Family Court under S. 12 of Act, 1964 is required that it would make yet another effort to effect compromise or reconciliation between parties and if even at such stage compromise or reconciliation the parties was not possible, only thereafter, Court was to announce its judgment and to give decree.

More you need to know for Dissolution of Marriage:

Dissolution of marriage-Required to be decided in speedy manner. Object of Evidence Act is to shorten agony of litigant parties and to provide them justice as early as could be possible. Matter pertaining to Family Court be of suit for dissolution of marriage in Pakistan, restitution of conjugal rights, entitlement of a child or children or of wife to maintenance, payment of dower, all such issues were required to be decided in speedy manner, because no such issue can be left undecided for decades, because a minor seeking maintenance, might become major by time case was decided by Family Court or a wife seeking dissolution of marriage. Suit for dissolution of marriage and recovery of dowry articles should be decided quickly. Plaintiff filed suit for divorce in Pakistan and recovery of dowry articles or its value to the sum of Rs.396, 250 along with gold ornaments. Defendants contested suit on the ground that he had returned dowry articles to the plaintiff in the presence of the witnesses.

Trial Court Order for This Case:

Trial Court ordered in suit of the plaintiff for recovery of dowry articles or Rs.201,100 as its price thereof except articles which were given as gift. Both parties filed appeals in appellate courts which were rejected by Appellate Court vide consolidated judgment and judgement. Stand of defendant of return of dowry articles was outside the scope of his pleadings; s0 it could not be legally considered. Defendant failed to submit any receipt of return of dowry articles to the plaintiff. Defendant had failed to point out any misreading or non-reading of material evidence which might have affected both the judgments and decrees of both Courts below including High Court declined to interfere in Constitutional writ jurisdiction. Constitutional petition was dismissed in limine. Suit of the plaintiff was decreed to the extent of dissolution of marriage.

Suit for Recovery of Dowry and Maintenance Allowance:

Suit for recovery of dower, maintenance allowance and for dissolution of marriage Suit of the plaintiff was decreed to the extent of dissolution of marriage, but rest of the relief as prayed for by then plaintiff was declined. Contention of the defendant was that if at all the plaintiff was considered entitled for the decree of divorce in Pakistan, it could have been passed on the basis of Khula; as he had asserted in her plaint about the immense aversion against the defendant; and had also refused to live as wife with the defendant. Defendant had asserted that in such circumstances, the Trial Court was duty bound to order divorce in Pakistan

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Top Female Lawyer for Suit of Conjugal Rights in Pakistan

Conjugal Rights and Maintenance of Wife in Pakistan:

After the amendments, introduced in the relevant provisions of S. 9 of subsequently when of West Pakistan Family Courts Act, 1964, written statement filed by one or the other party was to be given the status of plaint. In the present case the plaintiff had withdrawn the suit, the proper course for the Family Court was to treat the written statement as plaint and the plaint as written statement, and also to order the transposition of the parties converting the status of the defendant to that of plaint and vice versa. Judge Family Court failed to apply its mind and did not take a proper step and permitted the course which was suggested to it by the respondent.

What Family Court Say about That?

Under the directions of the Family Court, wife filed a fresh suit and also prayed for interim maintenance allowance which had been refused albeit. lf, husband was apprehensive that tomorrow if the suit seeking maintenance allowance was dismissed/rejected, then recovery of the paid amount would become difficult; in that situation the Family Court could obtain indemnity/surety bond from the wife to pay back the amount received as interim maintenance of wife in Pakistan allowance pending trial to the husband, while in the case or decree, same could be adjusted in the decreed amount. Family Court was directed by High Court to act strictly according to the given guidelines and to conclude the trial of the case within 3 or at the most within 4 months.

Suit for Conjugal Rights in Pakistan:

Suit for restitution of conjugal rights in Pakistan could be allowed subject to condition. Leave to appeal was granted by Supreme Court to consider the correct import of 'deferred dower and whether it could become prompt if and when demanded; whether Family Court could not grant maintenance of wife in Pakistan which instead could be granted by Arbitration Council as mentioned in S. 9 of Muslim Family Laws Ordinance, 1961; whether amount of maintenance of wife in Pakistan decree Commensurate with status and income of husband; whether suit for restitution of conjugal rights in Pakistan could be allowed subject to condition of separate living of wife with husband abroad; and whether restitution of conjugal rights could be subjected to payment of maintenance. Suit for restitution of conjugal rights was decreed but decree was set aside in appeal. Husband was that he had divorced wife but same was revoked before its effectiveness. Question was as to whether decree for restitution of conjugal rights was rightly set aside by Appellate Court.

More about Suit of Conjugal Rights in Pakistan:

Application for revocation of divorce on record, wherein a cutting did exist, had supported wife's claim that he application was moved after date of effectiveness of divorce. Statement of wife that due to allegation leveled against her by husband she had developed hatred against the husband was sufficient ground to lose the chance of reunion of parties. Wife, in circumstances, could not be forced to join the husband who had divorced her. Constitutional petition having no merits was dismissed. Suit for restitution of conjugal rights in Pakistan was dismissed on ground of non-payment of dower, which was wrong. On compliance of decree for payment of dower during pendency of appeal, husband claimed decree for restitution of conjugal rights. Family Court did not keep in mind questions which it is called upon to decide whether restitution ought to be ordered by directing wife to return to the conjugal domicile of her husband. Decree of Appellate Court set aside in writ jurisdiction and case remanded for deciding afresh whether husband is entitled to relief of conjugal rights.

Appellate Court below without considering evidence produced on record by both parties and without giving any reason found that wife was at fault and was not prepared to live with her husband without any justification. Such disposal of a cause by Court below not based on the material Appeal having not been decided by Appellate Court below brought on record was not warranted by law. In accordance with law, High Court in exercise of Constitutional jurisdiction, set aside judgment and decree passed by Appellate Court below and remanded case to decide afresh in accordance with law. 8. Decree for restitution granted to husband for restitution granted to husband on condition of payment of prompt dower and past maintenance of wife in Pakistan.

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