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FEDERATION OF PAKISFAN versus TAHIRA BEGUM


Article 7 (1973) of the Constitution of Pakistan, Article 185 Muslim Family Laws Ordinance Approval, 1961 Constitutional petition needed to inquire about the fact of the Talaq High Court, whether divorce is in question, according to Jafariya Hai or not. ? The court, stating that divorce was not permissible in accordance with jurisprudence, considered further validation of the Muslim Family Laws Ordinance, 1961, and held that certain provisions of Article 7, Muslim Family Laws Ordinance 1961, in the constitutional petition. Not accurate. No such courts will generally refuse to make a general decision about the constitutional status of a constitution except when it is necessary to decide on the finality of the matter. It will follow its traditional practice of denial when other grounds of record decision are disclosed, whether or not it was properly raised by the parties before the court will not constitute a rule of constitutional law Was more important than the facts to which the High Court should apply, therefore, the Muslim Family Laws Ordinance , It was not justified to consider the 1961 endorsement, especially since such a question had not been raised before and the appeal of the jurisdiction to the extent that it did not adhere to the principles of jurisdiction. In view of the conclusions that were based on the facts and the law that the divorce was conveyed by the husband, it was not in accordance with the jurisprudence in which the parties were concerned. , The effect of the High Court decision was limited to that extent

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