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SHAHZAD HUSSAIN versus JUDGE FAMILY COURT, LAHORE


The scope, nature and applicability of Section 17A of the West Pakistan Family Courts Act, 1964 has been proposed / reflected in the use of the term May term in Section 17A of the West Pakistan Family Courts Act, 1964. The discretion had to be used judicially while preventing defendant's defense, when the defendant could explain the reason for non-compliance with the restitution order, the Family Court had the option of exercising arbitrary power, therefore, the word Should have been, not used by the legislature where the defendant had deliberately set a default in compliance with the interim restitution order, the court may have passed the interim restitution order and such defendant May issue a final decree against which a final decree has been passed under Section 17A of the West Pakistan Family Come. The Family Courts could not be completed by passing the Family Final Order of the Courts Act, 1964, contradicting the adoption of the Mechanical Practice. Dismissing the provisions of 17A, the provision of section 17B of the Act was rejected.

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