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MANZOOR ELAHI versus ZULAIKHAN BIBI


Section 5, Schedule 9 and 10 of the Constitution of Pakistan (1973), Article 199 The filing of the constitutional petition for recovery of the restitution allowance was not filed, the affected plaintiff failed to appear despite its service, took action against it. Gone. The filing of a written statement in the Family Court, for the separation of the previous proceedings, which was subject to payment of costs and the case adjourned, was not presented by the defendant on the postponement date of the hearing and his defense was dismissed. It was not necessary that under section 10 (2) (3) (4) of the West Pakistan Family Courts Act 1964, the court would try to effect a compromise or reconciliation between the parties, and if a compromise or reconciliation was not possible, the court Will decide matters in this matter. Set a trial and date for recording the evidence. Even if there was no written statement, there should be a reconciliation process and the evidence must be retrieved. Because of the prediction of the West Pakistan Family Courts Act, ama 64 amam, it was shown that the family courts were set up to resolve family disputes as quickly as possible and were dealing with delays. And a constitutional petition was filed to harass the plaintiff. And unnecessarily prolonging the litigation, the court was not immediately dismissed by the Family Court for such litigation, but after the defendant's defense was stopped, in this case, the party court Didn't commit it. Worked to resolve and resolve any unlawful interference or irregularity in the proceedings but to resolve the family-related dispute quickly

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