Validity and Proxy Marriage Documents in Pakistan:
If you wish to know the validity and proxy marriage documents required in Pakistan or court marriage in Pakistan you may contact Jamila Law Associates. Undertaking given in the “Nikahnama” shall transfer certain property/ land in the wife’s name and be the exclusive owner. It would fall within the exclusive domain of the Family Court to pass a decree about such property/ land. “Wherever maybe” The connotation wherever” is to be liberally interpreted as it gives extension to the jurisdiction of the Family Court to Muslim citizens of Pakistan living in a foreign country if the cause of action has arisen in Pakistan after proxy marriage documents required in Pakistan or court marriage in Pakistan.
Suit in Civil Court:
Withdrawal of suit. Wife filing suit in civil Court for a declaration of title to property allegedly given to her in dower and recorded in the Nikahnama. On objection civil Court dismissed the suit; however, it withdrew it with permission to file a new suit in revisional proceedings in the High Court. Order XXIII, R. 2 would not be applicable for instituting a new suit because of S. 17 of the W.P. Family Courts Act, 1964.
Jurisdiction:
Respondent had objected to jurisdiction and had consented to withdrawal and grant of permission to file a fresh suit. The suit was competent before the Family Court. Provisions of Order XXIII, Rule 1(3), C.P.C. are not applicable on proceedings under Family Court Act, 1964. Subsequent suit after withdrawal of the former for proxy marriage documents required in Pakistan or court marriage in Pakistan is not barred by any provision of law and is maintainable.3 Provision of O. XXIII, R. 193), and O. II, r. 2, C.P.C. are not specifically applicable on the proceedings before the Family Court. Still, the principles underline the provisions of the Civil Procedure Code, 1908. If not inconsistent with the provisions of the Family Courts Act, 1964 and Rules made thereunder might be followed by the Family Court.”
Court Marriage in Pakistan:
For the proxy marriage documents required in Pakistan or court marriage in Pakistan and written statement provisions of Civil Procedure Code, 1908 do not apply to the case; Family Court cannot decree suit without recording evidence merely on the failure of the defendant to file a written statement. The Court is supposed to record evidence even in ex parte proceedings or when the defendant has failed to file a written report. Even if no written statement is filed, reconciliation proceedings must be held, and it should record evidence.
Provisions of W.P ( Family Court):
Provisions of W.P. Family Courts Act, 1964 or rules framed there under nowhere authorize Family Court to strike off the defendant’s defense on non-filing his written statement. An order striking off a justification is illegal and without jurisdiction for the proxy marriage documents required in Pakistan or court marriage in Pakistan. The husband participated in the proceedings, but the divorce did not file a written report as directed.
Family Court Strike:
The Family Court can strike off the husband’s defense and pass a decree to recover the dower amount. Provisions of S. 9(5) postulate that if the defendant fails to appear on the date fixed by Family Court, the Court should proceed ex parte. However, the defendant appears on adjourned date of hearing or before such hearing and assigns good cause for his previous non-appearance; he should be heard in answer to the suit as if he had appeared on the day fixed for his appearance after proxy marriage documents required in Pakistan or court marriage in Pakistan.
