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AYESHA BIBI versus MUHAMMAD FAISAL


Sections 2 (1) (d) and 5, Schedule to the Constitution of Pakistan, Article 199 Constitutional application for dissolution of marriage, recovery of allowance, articles of marriage and personal belongings by the wife as party to the husband's father. The plaintiff's wife filed a lawsuit against her husband and his father in which the husband's father applied for his name to be deleted in the name that no relief was sought against her, according to the family court The request to delete the father's name was accepted by the plaintiff's wife specifically alleging that dowry articles and personal belongings were provided by her husband. Since her father's prayers were related to both of the plaintiffs who were presented by his wife to the plaintiff, it is important to find out whether her husband's father was an essential party or not. (1) (d) Under the West Pakistan Family Courts Act, 1964, the family matter between the spouses was not limited to any third party whose presence as such was included in the above section necessary for the decision of the matter. The Family Court cannot approve the removal order without a record of the evidence, jointly qualified or responsible persons must be made a party to this party, otherwise the result of an effective, enforceable or binding decree Cannot result. The father of the defendant's husband was necessary and the impeachment order approved by the appropriate Family Court was set aside to decide the matter. The constitutional petition was accepted in the circumstances.

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