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ANEELA versus ABDUL MAJID


Section 12 ??? Civil Procedure Code (V of 1908), OV, R 15, and O IX, R 7 ?? West Pakistan Family Courts Act (XXXV of 1964), section 8 (6) ??? Constitution of Pakistan (1973), Article 199 ??? Constitutional application ??? Sue for juvenile custody? Notice Notice on the Mother of the Minors (Respondent) ??? The previous order, aside, ??? (Defendant) was held well by his brother and, unless the hearing was adjourned till date, the previous decree was passed against him? Through normal course as well as registered post with mom ??? Where the defendant was a woman and where the question of custody of minors is involved, courts should exercise more reasonable conduct and caution when taking notice of the female defendant. "Defendant has shown sufficient cause for his non-appearance on the date of adjournment of the hearing; the trial court granted the said date that it was wrong to declare the service of notice on the defendant as invalid and guaranteed in law. The High Court had set aside the trial court's ruling under its constitutional jurisdiction.

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