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SARDAR ABID IQBAL versus TABASSAM KHURSHEED


Section 2 (ii) (iv) West Pakistan Family Courts Act (XXXV of 1964), Section 10 (4) Amendment to Laws Ordinance (XII of 1972), Section 3 Intra Court of Appeals On the expulsion of the marriage, the Appellant filed the High Court The single judge's order was suspended. It has been observed that the wife, who sought to dissolve the marriage on the basis of "Khulla", cannot be deprived of her valuable rights as the wife of Sections 2 (II) and (iv). Claims to dissolve the marriage under the provisions were filed. Under the dissolution of the Muslim Marriages Act, 1939, the marriage stated that the provision of the law could not be dissolved on the basis of the plea of the parties and the failure of the reconciliation between the parties emphasized that the matter could be decided only at that time. When there was evidence. Under section 10 (4) of the West Pakistan Family Courts Act, 1964, the leadership and trial were conducted on the basis of khola of. And the only requirement in such proceedings was to provide an opportunity for reconciliation as the result of the failure of the reconciliation decree to dissolve could be granted and in this case the wife would have to stand aside from the family court's claim of her family. In this case, the provisions of the West Pakistan Family Courts Act, 1964 have been stated, while the wife had filed a case under Section 2 (II) (IV) of the Muslim Marriage Dissolution Act, 1939, by the Family Court. The decision passed was in no way lasting. A single High Court judge limited himself to his wife's claim. Its decisions / orders were set aside and after hearing the parties and the Family Court was remanded so that the parties could be heard and the matters settled.

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