Solve Suit for Child Custody after Khula in Pakistan

Suit for Child Custody after Khula in Pakistan:

If you wish to file suit for child custody after khula in Pakistan through family lawyer in Lahore Pakistan, you may contact Jamila Law Associates. Suit for dissolution of marriage on the ground of Khula and recovery of dower amount instituted by the wife, Family Court granted decree for dissolution of marriage but refuse to grant dealer or dower, decree for dower granted by the appellate court was set aside by High Court on the ground that it cannot reverse a finding of family Court for not granting dower without disturbing ground of child custody after khula in Pakistan through family lawyer in Lahore Pakistan.

Family Court:

Held, bar contained in S. 14(2)(b) of W.P Family Courts Act, 1964 would come in a way only when decree passed for dower does not exceed Rs. 30,000/-. Family Court in the present case did not grant any amount of dower. Thus it did not preclude her from preferring an appeal for an appropriate relief of dower. The appeal is a continuity of the original proceedings of a suit. Appellate Court has the same power as that of the court of original jurisdiction. Bar u/s 12(2) (b) W.P. Family Courts Act, 1964 would not come in the plaintiff’s way in the circumstances of the case. Case remanded for its decision afresh.  58.  Section 14(2) (c) –

Provision for child Custody:

Provision for child custody after khula in Pakistan through family lawyer in Lahore Pakistan. The embargo imposed by Section 14(2) is beneficial legislation in favor of wife and children. As legislation having been made, keeping in view all the citizens, the right of appeal would revive the judgment debtor when the total sum of maintenance allowance granted against him would exceed Rs. 1000 per month. The legislature’s intention by providing such proviso is to avoid a challenge by a person to decree granting maintenance to a wife or child at Rs. 1000/- or less per month.

Family Lawyer in Lahore Pakistan:

Regarding the child custody after khula in Pakistan through family lawyer in Lahore Pakistan it would not read bar to an appeal by child or wife seeking enhancement of maintenance into such provis0. Appeal demanding enhancement of maintenance would be competent. Article 120 of the Limitation Act, 1908 applies to the Suit for maintenance. Appellate Court acted within its domain, directing that it would pay maintenance, i.e., six years before the institution of the Suit Section 14(3). No appeal or revision is Competent against the interlocutory order passed by the Family Court; under Section 14(3) of West Pakistan Family Courts Act, 1964.

Legislature:

Legislature had explicitly prohibited the filing of appeal against interim order for child custody after khula in Pakistan through family lawyer in Lahore Pakistan. If a Constitutional petition is allowed to be filed against such order, it will be equivalent to defeating and diverting the legislature’s intent. Petitioner had an adequate remedy available to him by challenging. Interim maintenance was granted by Family Court, a plea that it was unreasonable for the petitioner’s financial resources. It cannot sort out such questions involving factual inquiry in constitutional jurisdiction for child custody after khula in Pakistan through family lawyer in Lahore Pakistan. Grant of interim maintenance cannot be treated as past maintenance.” Court accepting defendant’s application for producing documents. order cannot be assailed in appeal or revision.

Zaman Lashari
Zaman Lashari
Articles: 699

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