2021 CLC 270 Family Courts Act (XXXV of 1964), S.13. [Sindh] ----Ss. 5 & 17---Civil Procedure Code (V of 1908), S. 12(2)--- Judgment and decree, setting aside of---Jurisdiction. of Family Court---Wrong provision of law---Parties were husband and wife inter se and suit for dissolution of marriage filed by wife/respondent was dismissed as withdrawn by Family Court---On application under S.12(2),...
Husband was required to send notice of divorce to Arbitration Council under Muslim Family Laws Ordinance, 1961 and also to send copy of such notice to wife by registered post.
S.5-Muslim Family Law Ordinance Ss.7 & 9--Plea of oral divorce.Husband was required to send notice of divorce to Arbitration Council under Muslim Family Laws Ordinance, 1961 and also to send copy of such notice to wife by registered post.No such proceedings having been ever conducted, oral allegation of Talaq would neither be effective nor valid and binding on wife, who was legally entitled...
Suit for recovery of dowery articles by wife, Impleadment of father, brother and mother of husband as party by wife.
Similarly in the matter of custody of minor children, persons having custody of the minors have to be parties to the family suit. Contention that wife was competent to file such suit only against her husband and not against the father, mother and brother of her husband,, was baseless.Non-impleadment of such persons may result in the frustration of proper 'adjudication of the dispute by the Family...
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