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MUHAMMAD ISHAQUE versus MANZOORAN BIBI ALIAS SHAHIDA PARVEEN


Sections 6 and 3 of the Muslim Family Law Ordinance 1961 Contract Act (IX of 1872), Section 27 of the Civil Procedure Code (VV 1908), Section 115 of the Special Relief Act (I of 1877), Section 12 of the suit for the specific performance of the contract The husband was allowed to contract a second marriage on the condition that the husband pay Rs 500 per month as maintenance and move a living room and house shop belonging to the husband and his father. , The parties have entered into the said agreement, the terms husband having obtained the second certificate from the arbitration council on the basis of permission from his wife In the air did not meet her husband divorced the first wife of her husband promised her father. The divorce proceedings confirmed that he had moved the living room in favor of his son's first wife and voluntarily said that he would execute her whenever he wanted. The e-sale agreement also fulfilled such promise. Notwithstanding, the wife filed a lawsuit for the specific performance of her contract, which was prosecuted and dismissed in the appellate court that the agreement between the husband and the wife was not enforceable because there was no consideration. ? Section 27, the Contract Act, 1872, was violated, in which the High Court, reviewing that the approval of a marriage permit is considered valid for a transfer of property, in this case to the facts and agreement. Was not considered. Section 27, the Contract Act, 1872, which otherwise would not have been attracted to the facts and circumstances of the case, provided the way for the provision of Section 3, the Muslim Family Law Ordinance, 1961,

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