Conjugal Rights Application and Khula:
To submit your case or conjugal rights application or khula in Pakistan Nazia Law Associates is the best law firm in Lahore Pakistan for family cases. Appellate under S. 14, W.P. Family Courts Act, 1964, if not appealed against attains finality. Suit for a refund of conjugal rights application or khula in Pakistan decreed by the Family Court subject to condition wedlock between petitioner and the Respondent existed.
Application Or Khula:
Therefore, it was necessary to grant a Decree for conjugal rights application or khula in Pakistan in favor of the petitioner. However, it could be subjected to certain conditions.” 54. Review. Right is a substantive right and is not a matter of procedure. No Court or Tribunal possesses inherent powers to review its decree or order unless expressly conferred by statute.” Power of review, unless conferred by statute, could not be exercised. Special Tribunal can dismiss the petition under consideration for non-prosecution but has no jurisdiction to review or recall its order. After deciding a matter in one way or another, Tribunal would become a function and could not reopen the same.
The Election Tribunal dismissed such application for being not maintainable. After the review grant, the court considered the entire case afresh separately and passed a fresh judgment. It would be a case of extinction of original judgment and bringing into existence a new one, which would be appealable on merits, irrespective whether the order granting review was challenged or not for the conjugal rights application or khula in Pakistan.” A perusal of section 6 of the General Clauses Act would show that the review applications pending before the promulgation of enactment should continue, notwithstanding that it had deleted the powers of review.
Khula in Pakistan:
The revisional power for the conjugal rights application or khula in Pakistan is contained in section 115 of the C.P.C. by section 17 of the Act; the application of the Code of Civil Procedure provisions is excluded, except for specific limited purposes specified in the Act. Moreover, the Civil Procedure Code does not, as provided in Section 4, override any special or local law. The provisions of Section 17 of the Family Courts Act must, therefore, be given their full effect with the result that even if the Family Court is regarded as a Court subordinate to the High Court, the impact of Section 17 of the Act is to exclude the orders of the Family Courts from the operation of section 115, C.P.C. and the said provision of law for conjugal rights application or khula in Pakistan is not available for obtaining a revision of orders passed by the Family Courts.8 Right of appeal.
Right of appeal:
Right of appeal is provided against the decree, notwithstanding any decision arrived at in judgment unless judgment has itself force of the decree. Decree alone and not the decisions confer the right of appeal on an aggrieved person under the Code of Civil Procedure. The Privy Council first laid down this doctrine in Colonial Sugar Refining Company Ltd v. Irving. “Provisions of S. 14(2)(©) of W.P. Family Courts Act, 1964 (as amended) have clearly shown that right of appeal, even though substantive, is barred from challenging an order awarding interim maintenance allowance.