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SHOUKAT HAYAT versus JUDGE, FAMILY COURT, FATEH JANG


Article 5, Schedule Sections 9 and 10 Constitution of Pakistan (1973), Article 199 Constitutional petition for the restoration of marital rights The petitioner's husband filed a written statement against his wife for which he has been separated. Due to Khulla Marriage, the decree of dissolving the marriage was dissolved and the wife abandoned her claim of dower and care. The petitioner claimed that since the case for the termination of the pre-filed marriage by the wife was pending, the claim could not be claimed by her. The applicant's confession was deemed to have been deferred as a provision of section 9 (1) (a) and section 10 (4) of the West Pakistan Family Courts Act, 1964. It was stated that the suspension could be claimed where there was no earlier case pending for the restoration of marital rights, although there was no such condition, however, the Milli Courts in section 9 (1) (b) of the West Pakistan FA The Act, 1964, wherein the wife was empowered to claim the termination of the marriage, in the case of the restoration of marital rights filed by Husband Provo under section 9 (1) of the West Pakistan Family Courts Act, 1964, but this Clause 10 (4). (The provisions of the Act shall apply when a decree for the dissolution of a marriage is to be granted in such circumstances

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