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MST. RAZIA versus ABDUL HAMEED


Sections 2 (ii) and (viii) of the Constitution of Pakistan 1973, XXXV of the West Pakistan Family Courts Act (1964), Article 14 of the Constitution of Pakistan (1973), Article 199 Constitutional petition dismiss the case for dissolution of marriage on grounds of oppression and non-restitution. ? Appeal was filed by the Family Court before the District Judge's lawyer for the appellant, after retaining the suit, which, on appeal, was withdrawn as a result of some misunderstanding of the law. There was no appeal against the decision to leave. The marriage dissolution case and the order dismissed by the Family Court will be challenged in the High Court in a constitutional petition. Such action was certainly an act of negligence or negligence of the lawyer and it was not the plaintiff's fault. During the return of the appeal memorandum by the appellate court with an observation that the mechanical order that the appellant can refer to the competent court all the exceptions are justified by the appellate court withdrawing the appeal for expeditious disposal. Should not have dealt with the request filed by the lawyer for We should heavy responsibility. The administration of the court was the ultimate responsibility of justice for the oppressed, especially in remote and backward areas where litigation could not get proper legal support and it was not limited to passing the role of the court by any party. The mechanical order on the application submitted, even if such party has opted to withdraw the appeal on the grounds that it is not legally available, the court has the power to seek relief in the interest of justice.

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