West Pakistan Family Courts Act (XXXV of 1964) Section. 5, Sched. & S.10—Dissolution of Muslim Marriages Act (VIII of 1939), S. 2—Dissolution of marriage on ground of Khula'—Scope—Consent of husband for such dissolution would not be necessary—Judge, in case of husband's dis-agreement to dissolve marriage, could determine question as to whether spouses, if they continued living together, could observe limits of God or not—Duty of Judge to make genuine attempt for reconciliation between spouses—Judge in case of failure of reconciliation efforts could pass forthwith decree for dissolution of marriage— Where Judge while passing such decree, observed that wife was not willing to live with husband without any fault of his, then Judge would have no option but to restore to husband dower (Haqe-Mehr) received by wife at time of marriage—Wife seeking divorce for having developed extreme hatred and disliking for her husband would have to restore the consideration of marriage (dower) to husband—Where in view of Judge husband by his arrogant, cruel and obnoxious nature or behavior compelled wife to seek "Khula", then she would be entitled to all due benefits along with dissolution of marriage
If the male and female is get married in the court with the permission of the court without the permission of wali/parents this is called court marriage. Generally those couple comes in the court for the marriage whose parents don’t want their daughter to get marriage with that guy with whom their daughter loves him and want to marry at any cost. Therefore in the absence of the consent of parents of the couples especially the parents of the girl when forbade their girl to marry the specific guy than it happened. Sometimes when the girl contracted the marriage without the permission and consent of the parents, they lodge the false FIR for abduction of the girl and committing the zina against the newly husband of their daughter and his family for creating harassment and sometime get divorce forcibly. However on the statement of the girl the FIR is quashed accordingly.
The constitution of Pakistan, the law of land, Islam and Muslim Family Law allow to every adult person to get marry on his/her own choice, accord and freewill. The Superior Courts called that girl sui juirs and accepted their marriage without the consent of parents. And the Courts have accepted the minimum age 16 of the girl for marriage and hold that 16 years girl and above is capable to contract her marriage as per her own wish, freewill and consent.
For the purpose of Court marriage the girl have to appear in the court and have to give statement in the court before the Magistrate /Oath Commissioner / Justice of Peace etc. that she is going to marry with her own choice, freewill and accord, she is major, adult, and without no use of intoxicant she is deposing and no one has abducted, kidnapped. Thereafter the marriage is solemnized as per religious procedure. If the couples are Muslims then Nikahkhawan/Qazi solemnize the marriage in the presence of witnesses, if the couples are Christian then the father/padri solemnize the marriage if the couple are Hindu or any other community then the marriage is solemnized as per their religious way. After this the couples are allowed to go their homes and thereafter the said marriage certificate /Nikahnama is registered in the concern authority and return to the couple.
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Counsel and Client
Advocate and Pleader— Scope— Pleader is entitled to appear for another and not for himself—- If one wants to represent his/her client as advocate then he (advocate) is not legally entitled to examine himself in place of his party (client) as for such purpose he has to unclothe his status as advocate and has to clothe with attorney/authorized agent.
2017 CLC 1736
Negligence of counsel did not constitute sufficient cause
Parties are bound by the acts and omissions of their counsel
in ase of any negligence on party of the counsel, parties could not claim that they were not to be held responsible.
Negligence on the party of advocate, has a binding effect on his client— any negligence on the party of the advocate, was binding upon party which had engaged the advocate— if pary would engage a counsel who was lacking sense of responsibility to the court, it was the party who should suffer and not the other side.
PLJ 2015 Islamabad 74
2013 YLR 375
2013 CLC 254
PLD 2006 Karachi 252
1974 SCMR 223
Judgment of foreign courts
Section 12 judicial comity, doctrine of —- courts in Pakistan should respect and give effect to (subject to certain exceptions) the judicial decisions of other countries on the same subject under the principle of judicial Comity— foreign judgments were conclusive as to any matter thereby adjudicated upon and courts in Pakistan must recognize and enforce the same however before enforcing andy foreign judgment a court in Pakistan would have to ensure that it did not fall within any of the exception contained in section 13 CPC
2017 PLD 174 Supreme Court of Pakistan