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PERVAIZ AHMAD versus TAHRA SHAHEEN ALIAS BALQUEES SHAHZADI


West Pakistan Family Court Rules 1965 R 13 Constitution of Pakistan (1973), Article 199 Application for dismissal by the husband against the ex parte decree was rejected on the ground that the wife entered into a second marriage contract after the ex parte decree. What is, such a request is invalid. Although the wife contracted a second marriage shortly after obtaining the ex parte decree, it could still be considered a difficult basis for the petitioner's request for separation of the ex parte decree. The petition should have been decided after an inquiry into whether there were sufficient reasons for the husband not to appear in court for the dissolution of the marriage on the basis that the Family Court took action to dismiss the husband's request on the basis that Such an order would not have any legal effect as it was not available under the law The husband's application is still pending and will be treated as a family court had directed that they should dispose of it in accordance with law

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