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MST. PARVEEN AMANUAL versus ADDITIONAL DISTRICT JUDGE-III, RAHIMYAR KHAN


Sections 10 and 22 of the Constitution of Pakistan (1973), Article 199, a suit for constitutional application to dissolve a Christian marriage, the suit by the wife was only heard by the Family Court on his statement that he had taken an oath Not ready to live with the defendant anyway. On appeal, the family court remanded the case on the grounds that the dissolution of the marriage was not in accordance with the provisions of the Divorce Act, 1869, and the family court had to decide the case in accordance with the Divorce Act. Is directed. , 1869 The plaintiff's statement that he was not willing to live with the plaintiff as a wife was not sufficient for the purpose of dissolving the Christian marriage; the marriage relationship between the Christian husband and the wife was permanent. , The wife had to prove her case. After presenting credible and authoritative evidence of the facts, the fact that the marriage was claimed to be terminated can only be announced by the court. The Family Court was rightly remanded in this case for the separation of marriages within the meaning of section 22 of the Divorce Act, 1869, or for dissolution of marriages under section 10 of the Appellate Court. There will be action from the stage. The plaintiff gave a better statement in which he dismissed that he was not prepared to remain with the defendant at any cost to the Family Court after compiling the case and recording the evidence, according to the applicable law. Will decide.

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