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AGHA ALI ABDI QIZILBASH versus FAMILY JUDGE, RAWALPINDI


Section 25 (XXXV of the West Pakistan Family Courts Act, 1964), Section 7 (2) Constitution of Pakistan, Article 199 Constitution of the Minor Production of Constitution Evidence The petitioner moved the petition for the custody of the minor, in which the petition was heard during the hearing. Was asked to summon witnesses but the applicant's trial court dismissed it. It was to prove that the defendant / mother had contracted hepatitis C. In order to determine the jurisdiction and welfare of the minor, there was no prohibition by the aforesaid court to collect all available evidence; there is no doubt that the documents relating to the respondent / mother's illness were kept on record. The documents were denied and the defendant and in such a situation it was in the interest of the minor that at least the evidence needed to be presented should be filed on the record by the applicant, hearing of the trial. After the hearing, the parties may, with the permission of the court, call any witness at any stage under section 7 (2). They are. The West Pakistan Family Courts Act, 1964, if the court deems such evidence necessary in the interest of justice and such discretion should be used in a beneficial way as the welfare of the minor was involved in the present case, so the Guardian court should Applicant was allowed a constitutional application to propose to testify and a separate order was set aside.

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