Divorce Procedure in Pakistan, Divorce Process in Pakistan, Procedure of Divorce in Pakistan, Divorce In Pakistan, Divorce Law in Pakistan, Divorce Procedure For Overseas Pakistani
Provision for Maintenance of Muslim Divorced Wife:
If you wish to know the legal provisions of maintenance of Muslim divorced wife or maintenance of children in Pakistan, let us guide you that maintenance of Muslim divorced wife is only till the period of iddat. It is without jurisdiction. Presiding Officer of the Court is on leave on the date fixed for recording of evidence of petitioner, the case as adjourned by a reader of the Court for maintenance of Muslim divorced wife or maintenance of children in Pakistan, who had no authority to set a date for recording of evidence in the absence of Presiding Officer unless so authorized by any specific order of the Chief Justice.
It would be disastrous to allow Readers to fix hearing dates in the lack of any expressed authority. Proceedings conducted by readers of the Court declared as without lawful authority and of no legal effect.” 6. Dismissal of the suit under O. XVI, C.P.C. Order of dismissal of the case under O. XVI, R. 3, C.P.C., is not a decree for maintenance of Muslim divorced wife or maintenance of children in Pakistan and does not retrain the plaintiff from filing a fresh suit the purpose pose.
Dissolution of Marriage:
To ensure expeditious removal of a claim relating to dissolution of marriage, family affairs, maintenance, etc., the West Pakistan Family Courts Act, 1964, a particular statute, has been enacted with such special Purpose. Family Court u/s 12-A of the West Pakistan Family Courts Act, 1964 should dispose of cases within six months from the date of its institution. 8. Expression parties. Claim for various causes of action relating to
Maintenance of Children in Pakistan:
Regarding the maintenance of Muslim divorced wife or maintenance of children in Pakistan the matrimony of spouses can be joined together. Joinder is specifically mentioned concerning the suit for dissolution of marriage, but where a claim for dissolution of marriage is not filed. There can be no bar in joining the rest of the causes in one case. Kalat Division. A perusal of Section 4 of the Family Courts Act, 1964 clearly shows that the Civil Judge is included in the persons declared competent to hear the Family suits.
A Civil Judge as well as Kazi appointed under Dasturual Amal Diwani, Riasat Kalat has jurisdiction to entertain and hear Family suits for maintenance of Muslim divorced wife or maintenance of children in Pakistan.” The first proviso to Section 7 empowers the Court to call any witness and produce any document at any later stage if the Court considers such evidence expedient in the interest of justice. It is wrong to assume that the Family Court under this provision is only entitled to call only further witnesses, i.e., other than the witnesses whose names appear in the list of witnesses.
Call Any Witness:
The words “call any witness and produce any document at any later stage” are very wide in their scope for maintenance of Muslim divorced wife or maintenance of children in Pakistan. They give ample power to call any witness, whether named in the list of witnesses or not, much less to say the power to grant time for providing necessary particulars as to the evidence which the witnesses named in the list of witnesses would depose. Justice favors decisions on merits and does not shut out evidence on mere technicalities. The discretion of the Family Judge to produce witnesses is required to be exercised judicially and not capriciously or arbitrarily.