Law of Nikahnama Address in Court Marriage Procedure:
The law of nikahnama address in court marriage procedure in Pakistan is that the nikahnama address of female should be the address from where the nikahnama is registered. Such order though not covered by terms final judgment or decree, “Would be appealable as of right for being the decision of Family Court within the meaning of S. 14 of West Pakistan Family Courts Act, 1964 for nikahnama address in court marriage procedure in Pakistan.”
The limitation for filing revision under S. 9(2) of the Muslim Family Laws Ordinance, 1961 is 30 days. Husband filed revision after limitation without application for condonation of delay explaining reasons for the delay. Assistant Collector rightly dismissed the revision. Notice to another party. A notice of the application must be issued to the defendant. Information conveyed through counsel is not enough. Where the dismissal is on the failure of both parties, no notice is required.
Petitioner/defendant contended that expert decree passed against him was liable to be set aside as it did not properly serve him. He was unaware of the proceedings before the Family Court for nikahnama address in court marriage procedure in Pakistan. Order V, R. 20 of C.P.C. empowered the Court to adopt the procedure of substituted service when it made all efforts to affect the service upon the defendant in the ordinary course. There was nothing present on record that could show that the petitioner avoided service of summons upon him or could not be found for any reason.
Petitioner could not be said, in the circumstances that he was keeping away to avoid service, or that he could not be found for any reason. Before making an order for publication of notice in the press or some conspicuous part of the house or place of the petitioner’s business, the summons should be sent.
The family court for nikahnama address in court marriage procedure in Pakistan did not adopt the proper procedure. Therefore, the publication of notice in the daily newspaper could not be considered an effective notice served upon the petitioner. Petitioner had established that he was unaware of the proceedings before the Court. High Court set aside the judgments and decrees passed by the two courts below by which the application of the petitioner to set aside ex parte decree was dismissed. Court for proceedings afresh to the extent of recovery of dowry articles on nikahnama address in court marriage procedure in Pakistan. The constitutional petition was disposed of accordingly.”19.20. Set off.
Suit for Dissolution of Marriage:
Husband contending suit for dissolution of marriage already filed by wife was pending, a set of could not have been claimed by the wife in a suit for restitution of conjugal rights. The contention of the petitioner has repelled provisions of Section 9(1)(a) and apply to claim set off by a husband in a suit filed by wife for dissolution of marriage wherein.
It has been stated that a set can be claimed where no earlier suit for restitution of conjugal right was pending on nikahnama address in court marriage procedure in Pakistan. However, no such condition is laid down in Section 9(1) (6) of Act, 1964, enabling the wife to claim dissolution of marriage through a husband’s set.
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