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MUHAMMAD ILYAS versus ADDITIONAL DISTRICT JUDGE


Articles 5 and 14 of the West Pakistan Family Court Act, 1964, the Muslim Marriage Resolution Act (VIII of 1979), Sections 2 (viii) and (ix) automatically appeal the marriage appeal against the trial court's judgment and injunction by the wife. Accordingly, the marriage of the wife against her husband was already excluded by default and neither the appellant's wife was heard nor her counsel appealed. Appeared on the date of the appeal and subsequently the appeal was re-entered and the petition was re-heard at the request of the wife subject to the payment of the price and the husband was admitted on the RC admission. Decided that the order to dismiss the appeal before the appeal and the accepted price in the absence of the wife, the re-hearing of the wife's appeal, would not be equivalent to reviewing the first decision which the husband agreed to re-agree to the hearing. Had gone and received the price, it was prevented from protesting again the issue of re-entry and re-hearing of the appeal.

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