Technicality of Nikahnama Registration in Pakistan by Court

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Technicality of Nikahnama Registration in Pakistan by Court:

If you need assistance in any technicality on nikahnama registration in Pakistan or court marriage in Pakistan, You may contact Jamila Law Associates. It would be contradictory to a clear-cut provision provided under the first proviso of S. 7, Family Courts Act, 1964 for nikahnama registration in Pakistan or court marriage in Pakistan.

Convenience to a wife:

Rule 6 could not stretch a beneficial rule framed to provide convenience to a wife separated from her husband. The relief given to a wife under said Rule favors the husband by forcing her to file a suit for maintenance at his residence. It competently filed suit for maintenance. The constitutional petition was dismissed. Amendment in the schedule of witnesses for nikahnama registration in Pakistan or court marriage in Pakistan was required.

West Pakistan Family Courts:

West Pakistan Family Courts Act, 1964 is silent regarding the jurisdiction of Judge Family Court to allow any such amendment. Judge is, thus, free to evolve his procedure and act judicially while deciding such a matter. No heavens were to fall if the defendant is allowed to amend the schedule of witnesses. Application for restoration allowed subject to payment of cost. The Court refused to receive a written statement without paying the amount of cost. Council making request to pay the cost on next date which, was declined, held request of the council for payment of cost on next date of hearing was improperly turndown by Family Court for nikahnama registration in Pakistan or court marriage in Pakistan. A dispute among parties should be attempted to be determined/ decided on merits instead of knocking out any of them on technicalities.  Application for restoration of suit dismissed in default Limitation.

Court Marriage in Pakistan:

The absence of any specific provision for nikahnama registration in Pakistan or court marriage in Pakistan provides the period of limitation for making an application for restitution of the suit dismissed for no prosecution by the Family Court, residuary Article 181, and Limitation. Act 1908 would be applicable, which provides three years for making such an application. If sufficient cause is shown for non-appearance of the defaulting parties, it is in the interest of natural justice that the suit must be restored to be disposed of on merits.’ Application for setting aside party decree under S. 9 of West Pakistan Family Courts Act can flee 1964 within a reasonable time of passing such decree for nikahnama registration in Pakistan or court marriage in Pakistan. ¬†Constitutional jurisdiction of the High Court was not required.

Failure of the defendant:

Failure of the defendant to file written statement, the closing of defendant’s right to file written statement on his failure was required. While exercising constitutional jurisdiction, High Court would not interfere in interlocutory order and proceeding in a pending trial Suit for jactitation of marriage.

Family Court:

Family Court is striking off the defendant’s defense for a non-filing written statement despite availing two opportunities. Order incidental and ancillary; constitution petition dismissed being Incompetent for nikahnama registration in Pakistan or court marriage in Pakistan.”¬† Ex parte decree- Setting aside of In his application for setting aside ex parte, the husband had mentioned the same address given in the suit by the wife. According to the Nikahnama, the husband’s address was the same as mentioned by the wife in the suit.

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