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MUHAMMAD NAZIM versus MUNEER AKHTAR


Section 5, Schedule Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Articles 42 and 44 Written Retirement Allowance to the Wife The ability to pay the scheduled rehabilitation of the husband was unaffected by the effect that the husband voluntarily left. Was. Her house and she were not entitled to a maintenance allowance. The suit was ordered simultaneously if the wife obliged her husband and was ready to stay in her house. Had he left home, his wife would not have been entitled to it. The husband's responsibility for the restoration of his wife was subject to the performance of the marital obligations. The family court was obliged to resolve the question of the husband's ability to pay for the care, in the present case, no cap was made with regard to the cap payment of the care provided by the family court. So whether or not he has the source, if the parties were careful on the matter, if the parties had agreed on the said issue. The question may arise if the booth was presented. The matter should be resolved without mentioning it, both sides led the evidence but the Family Court failed to resolve the question in terms of the husband's rehabilitation capacity, the Family Court concluded with respect to the husband's ability. Recorded whether he was in that position or not. Claimed by the spouse and the Supreme Court is not authorized to decide any issue if there is evidence of the parties on record.

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