Last Updated on July 29, 2022 by rabiamuzaffar
Representing Child Custody Documents:
If you wish to represent child custody documents through family lawyer in Pakistan, you may contact Jamila Law Associates. Power to strike off the defense and decree the suit formed part of the court’s discretionary power. Family Court did not exercise power to pass the decree judiciously and mechanically decreed the suit on child custody documents through family lawyer in Pakistan.
Constitutional Petition:
The constitutional petition was allowed. Trial Court partially decreed the suit, and appeals filed by both the parties were dismissed. The husband’s plea was that wife did not appear in the witness box to prove her stance. Civil Procedure Code, 1908 and Qanun-e-Shahadat, 1984 did not apply to the family suits besides wife had been duly represented by her brother as her attorney, who appeared in the witness box on her behalf and stood the test of cross-examination.
Non-appearance Charges:
The non-appearance of the wife in person in the witness box was not fatal to her case on child custody documents through family lawyer in Pakistan. Pardanashin lady not given independent advice, the impugned transaction was set aside in the circumstances with the observation that principle of caution in protecting the legitimate rights of the illiterate rustic village Pardanashin’ lady, must be applied vigorously and rigidly. Original mutation containing the final order of attestation of the mutation by the Circle Revenue Officer was never deposited in the central office of Qanoongo. It was received because no entry was made in the register, maintained in the Central Office of the District or Saddar Qanoongo’. Only ‘Part Patwar was produced at the trial containing no details about the nature of the transaction, payment of sale consideration, presence of the witnesses attesting the same, and no order of the Revenue Officer of the Circle, attesting the mutation was present on the same on child custody documents through family lawyer in Pakistan.
Family Lawyer in Pakistan
Witnesses produced, giving conflicting statements on child custody documents through family lawyer in Pakistan about the place and time of the transaction. It could safely hold the impugned transaction with the plaintiff-lady to be the result of fraud and deception, practiced upon her to exploit her defenseless and illiterate status. Transaction denied by the lady, the burden would shift the beneficiary of the transaction to prove the same. In the case of other persons or parties who raise such a claim which is disputed. The aggrieved person shall have to file a regular civil suit to obtain a prohibitory decree within the meaning of Section 54 of the Specific Relief Act as a Family Court is not competent to pass such a decree on child custody documents through family lawyer in Pakistan.
Family Court Act:
Provisions of S.22, Legal Practitioners and Bar Council Act, 1973. Provision of S. 10(3) of W.P. Family Court Act, 1964 for being directory neither requires personal appearance of wife nor is such appearance mandatory. A court under S. 18 of the Act can dispense with the legal requirement of the unique appearance of a pardanashin lady and allow her to be represented in such proceedings through her authorized agent. Wife having appeared before Family Court once or twice would not be disentitled to avail legal right provided under S. 18 of the W.P. Family Court Act, 1964 for all times to come on child custody documents through family lawyer in Pakistan.
Read more: Take Guide On Requireding Child Custody Documents By lawyer
