See Different Option of Court Marriage and Nikahnama Attestation in Pakistan

Option of Court Marriage and Nikahnama Attestation in Pakistan:

 If you are looking for an option for court marriage in Pakistan or nikahnama attestation from Pakistan, you may contact Jamila Law Associates. Petitioner, in the present case, having applied to set aside the ex parte decree, was precluded from availing any other remedy given the doctrine of court marriage in Pakistan or nikahnama attestation from Pakistan. After exercising an option to pursue one remedy, it would forfeit the other remedy.

Constitutional petition:

 Constitutional petition to challenge the decree would not be maintainable without challenging the orders whereby the application filed by the Petitioner to set aside ex parte decree and appeal against the dismissal of said application had concurrently been dismissed. The constitutional petition was dismissed accordingly. Family Court has jurisdiction to establish, hear and adjudicate upon all those disputes items pleased, claimed, and raised by wife in her written statement. Husband has the right to raise the plea that counterclaims contained multifarious prayers and reliefs for which wife could be ordered to bring out a separate suit for those reliefs/ claims for court marriage in Pakistan or nikahnama attestation from Pakistan.

Appropriate Stage:

Failure of the husband to raise such objection at appropriate stage would debar him from raising such plea before Supreme Court when the consent decree was allowed to be passed by the husband based on compromise entered into by him without any objection to it. The counterclaim of gold ornaments by husband in written statement, neither S9 nor Schedule of S5 of Family Courts Act, 1964 envisaged that the husband/defendant could establish a counterclaim of gold ornaments in his written statement. Due service of summons would comprise tendering, a copy of the notice, reading and explaining contents thereof for cognizance or a party as to the factum of pending litigation on court marriage in Pakistan or nikahnama attestation from Pakistan.

Court Marriage in Pakistan:

Regarding the court marriage in Pakistan or nikahnama attestation from Pakistan the court in which same is pending and to which said litigation is posted was valid. Indirect knowledge of defendant was not sufficient.” There would be no justification for ex parte proceedings when the defendant’s service through proclamation is not proved. The expression has reference to summons issued for the first date does not refer to notices issued at a later stage of the suit, in which case Art. One hundred eighty-one of Limitation Act would apply in court marriage in Pakistan or nikahnama attestation from Pakistan.

Defendant:

Defendant having been properly served with a summons, ex parte decree cannot be set aside merely on the ground of any irregularity in service of summons. Where neither of the conditions mentioned in O. IX, R. 13 fulfilled, setting aside ex parte decree would be tantamount to interference in the court’s discretionary power. Summons sent to the Petitioner never returned to the court. No material on record indicating defendants avoiding service or that it could not ordinarily serve them. Ex pare decree nullity in law. According to the un-amended provision of law, it laid down in sub-section (6) of Section 9, that it could make an application for setting aside an ex parte decree within a reasonable time of the passing thereof the court marriage in Pakistan or nikahnama attestation from Pakistan.

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