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MST. YASMIN AKHTAR versus ABDUL MATEEN ZAHID


Section 5 and Schedule Azad Jammu and Kashmir Shariah Courts Ordinance, 1982, Sections 6 and 11 Civil Procedure Code (v. 1908), AKX, R5 suit for dissolution of marriage, restoration of dower and dowry, and restitution of marital rights by the Shariah Court. The appellant's wife filed a lawsuit against her husband for dissolution of the marriage, the recovery of the dowry and the dowry, while the husband filed a case for restitution of the marital rights against the wife, the trial court strengthened all the cases and the parties' After recording the evidence, he dismissed the cases filed by his wife. Six witnesses appeared in the evidence of her claim relating to dissolution of marriage, recovery of dowry, etc., but restitution of marital rights filed by her husband's wife, and she was present as a witness, but the trial The court discussed only two witnesses, dismissed the remaining four husbands and presented six witnesses, and presented itself as a witness, but the trial court also relied on the two witnesses. Had not even spoken about the trial court, had failed to exercise its mind in the circumstances and was acquitted. Attempts to find that while deciding the disputed points between the parties, the evidence presented should also be taken into account and the existing evidence should also be properly appreciated and the court will then have to identify the matter. The trial court not only failed to appreciate the evidence but the evidence was often ignored that the verdict itself had to be stated, explaining the points in the case and the correct interpretation of the evidence.

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