Nikahnama in Pakistan After Court Marriage:
If you are in need of nikahnama in Pakistan after court marriage in Pakistan, You may contact Jamila Law Associates. Application for setting aside ex parte decree moved within a reasonable time, ex parte decree set aside, and the case remanded to be decided on merits for nikahnama in Pakistan after court marriage in Pakistan. To determine the jurisdiction of the Family Court, it considered the ordinary residence of the wife (plaintiff) her place of abode, and the court concerned at such place had the jurisdiction to try the suit. Since two brothers of the wife were residing at place K, the wife being their real sister could reside with them; therefore, the Court at Place ‘K had jurisdiction to decide the suit.
Plaintiff:
The plaintiff at District B was decided by the court at place B despite defendant having objected about territorial jurisdiction of the court. The defendant had himself admitted that the court decided plaintiff’s suit for dissolution of marriage and recovery of maintenance allowance at place “B and he divorce do not raise any objection about territorial jurisdiction of the court for nikahnama in Pakistan after court marriage in Pakistan.
Latest Objection:
The latest objection of the defendant about territorial jurisdiction of the same court-court to try the suit for recovery of down articles was devoid of any force. It rightly turned down the defendant’s objection regarding territorial jurisdiction of Family Court at place “B.” Amendment in the written statement sought after the lapse of one and a half years of filing the written statement without showing any reason for delay by merely saying that it was due to an oversight, merely saying due to an oversight held not enough to allow the amendment in nikahnama in Pakistan after court marriage in Pakistan.
Court Marriage in Pakistan:
Regarding the nikahnama in Pakistan after court marriage in Pakistan according to the provisions of S. 9(1), the defendant’s file of a written statement is bound to appear in the Family Court himself, and his attendance cannot be dispensed. Where the exceptional attorney of the defendant filed the written word, the same does not deserve consideration in the eye of the law, and the court is correct in taking the view that the suit remained uncontested. Under S. 9 of the 24, provisions about certain counterclaims such as restitution of conjugal rights and dissolution of marriage, including, Khula had been incorporated, and no separate suit would lie for the same for nikahnama in Pakistan after court marriage in Pakistan.
No other provision:
No other provision existed in the West Pakistan Family Courts Act, 1964 about any other type of counterclaim. Schedule of S. 5 of the Act provided nine types of suits in which the Family Court had jurisdiction, which was the dissolution of marriage, including Khula, dower, maintenance, resist jactitation of marriage, dowry and personal property belonging to a wife; and except for said claims Family Court had no jurisdiction for another claim. Wife, if allegedly, had taken articles belonging to the defendant-husband, said the situation did not come within the jurisdiction of the Family Court to adjudicate upon the nikahnama in Pakistan after court marriage in Pakistan.
