DR. ALTAF AHMAD versus MST. NEELOFAR NAZNEEN
Article 5, Schedule and Section 10 (4) of the Constitution of Pakistan (1973), Article 199 Constitutional application for dissolution of marriage due to the date of the dismissal of the previous action against the defendants after passing the order on the same date. Failure to prosecute is mentioned in an uncontested order, but the plaintiff's presence was not placed in it or in court proceedings. In the absence of the plaintiff, there was no opportunity for reconciliation proceedings. The parties got married 23 years ago and had four grown children, one of them a student. In such family situations, the decision of the case, not only in the absence of the plaintiff, was being opposed to the provision of section 10 of the Family Courts Act, 1964, but the highly dishonorable High Court had rejected the impugned order, but The Family Court should be instructed to maintain the order of reconciliation before the previous trial and to call back the earlier proceedings to decide the matter, proceeding between the spouses in accordance with the true spirit of the applicable law.
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