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ASIF SOHAIL versus MST. SADAF RAZZAQ


Sections 17A and 5, Schedule Constitution of Pakistan, Arts 199 and 10A constitutional petition for the recovery of articles of restitution allowance and dowry under section 17A of the West Pakistan Family Courts Act, 1964, on the right of defense ? Under section 17A of the West Pakistan Family Courts Act, 1964, the right of defense can only be restored to the extent of rehabilitation but not to the extent of recovery of the dowry articles. The legitimate spouse did not comply with the interim restitution allowance payment order. Compliance with it will deprive him of the right to defend the claim for restitution allowance. No illegal or judicial error was identified in the dismissal of the right of defense of the husband to the extent of receipt of restitution allowance under Section 17A of the West Pakistan Courts Family Act, 1964. Section 17A of the West Pakistan Family Courts Act, 1964 was specially enacted for the purpose of granting interim reinstatement allowance. The same was not applicable in the case of recovery of articles related to both directions, both the courts applying the provisions of section 17A of the West Pakistan Family Courts Act 1964 and the law regarding the claim of dowry articles and the inappropriate husband. Was abused. Defend claims of recovery of articles related to dowry, which was in violation of Article 10A of the Constitution, to the extent of dowry articles, the empowered ruling was approved without a fair opportunity to hear from the husband to defend the claim but the law A decision on the merits of the decision was made but such right was denied to the husband in the present case the two courts had set aside the proportional judgment and decree on the extent of the articles of the dowry and

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