Law of Court Marriage and Nikahnama Attestation:
If you wish to know the law of court marriage in Pakistan or nikahnama attestation in Pakistan, you may contact Jamila Law Associates. By restricting the period of limitation to 30 days, the rule-making authority has precluded the Family Court for court marriage in Pakistan or nikahnama attestation in Pakistan from determining the reasonableness of the time taken by a defendant in making an application for setting aside an ex parte decree.
Principal Legislating:
In this view rule 13 of the said Rules which his subordinate legislation, is ultra Vires of the principal legislating, namely, sub-section (6) of Section 9 of the said Act. It is too well known that if there is any conflict between the principal legislation and the subordinate legislation, it is former to prevail. West Pakistan Family Courts Rules, 1965, denied summons upon him signature of the defendant on said affidavit different from that on a copy of summons produced by a bailiff. Inquiry in the matter of reasonably required to arrive at a legitimate conclusion that summons had been duly served for court marriage in Pakistan or nikahnama attestation in Pakistan.
Family Court:
Dismissal of application by Family Court simply on the ground that ex parte order had already been announced is no reason in the eye of law. Bald observation negates the provision of S. 9(5) (a), and such a random and rough order is to be refrained from while performing the duty of judicial dispensation.” After obtaining an ex parte decree for dissolution of marriage, court marriage in Pakistan or nikahnama attestation in Pakistan after passing the iddat period and from her wedlock, a daughter was born. Ex-husband knowing pendency of proceeding for dissolution of marriage deliberately avoided his appearance.
Court Marriage in Pakistan:
Supreme Court declined to interfere in court marriage in Pakistan or nikahnama attestation in Pakistan. The plea of the defendant was that her address given in plaint was incorrect. It cannot decide such facts in a summary manner, but it can decide after framing issues and recording evidence. No notice was issued to the defendant by Registered Post acknowledgment or courier service or by both with copies of the objection, schedule of witnesses, and documents referred in S. 7(2)(3) of West Pakistan Family Courts Act, 1964 neither notice was issued to the Chairman Union Council for display according to the law as required by S. 8(3) of West Pakistan Family Courts Act, 1964 impugned service of the defendant either through refusal or by proclamation in a newspaper not considered due service being violative of provision of S. 8 West Pakistan Family Courts Act, 1964 for court marriage in Pakistan or nikahnama attestation in Pakistan.
Convincing and Exact Reason:
Husband had failed to advance any compelling, convincing, and exact reason for his absence from proceedings before the Trial Court. The husband’s earlier request for setting aside ex parte decree had already been turned down by the High Court. It well-justified findings of maintenance allowance, and the same did not call any interference. Both the court marriage in Pakistan or nikahnama attestation in Pakistan contained separate entries about the payment of dower.
