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Know Legal Right of Court Marriage and Lost Nikahnama

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Right of Court Marriage and Lost Nikahnama:

If you wish to exercise your right to court marriage in Lahore or lost nikahnama, you may contact Jamila Law Associates. The first appeal being a valuable right, it is the legal obligation of the First Appellate Court to apply its judicial mind to evidence produced Instead of mechanically upholding findings of the trial Court for court marriage in Lahore or lost nikahnama. It is required to discuss and appraise evidence to determine whether it adequately recorded trial Court findings.

Proposition Rights:

The proposition rights to remedy by way of appeals or otherwise under an enactment stand vested and accrued in the litigating parties on the date of the commencement list is not open to challenge, unless, of course. Right of repeal is a substantive right, and any change in law during the pendency of a proceeding does not affect such right to court marriage in Lahore or lost nikahnama. Parties to suit would acquire a right to file an appeal against adverse order even if it repeals the law under which it took proceedings.

Family Court:

Family Court is awarding maintenance allowance to all the three plaintiffs, mother, minor daughter, and son, at the rate of Rs. 500/- p.m. each. Claim having not jointly been decreed, the amount of maintenance granted cannot be clubbed for appeal. The amount is less than Rs. 1000/-, appeal not competent u/s 12(2) (c) of the Act. Where the orders passed by the appellate Court are reasonable, just, and proper, the High Court should not allow a situation to arise, which would amount to deflecting the average powers mandated by law to court marriage in Lahore or lost nikahnama. Appellate Court can modify and increase the amount of maintenance allowance.

Court Marriage in Lahore:

Regarding the court marriage in Lahore or lost nikahnama no remedy of appeal, revision of review has been provided against an interim order passed by the Family Court. Family Court has the power to review its order but only to a limited extend. The High Court avoids interference in interlocutory order where no appeal is provided in the relevant statute against the interlocutory order. Section 14(3) of West Pakistan Family Courts Act, 1964 had no appeal or revision against an interim order of Family Court, the constitutional petition being the only remedy the same is maintainable.

West Pakistan Family Court:

A perusal of S. 14(3) of the West Pakistan Family Courts Act, 1964 showed that legislature had explicitly prohibited the filing of appeal against an interim order for court marriage in Lahore or lost nikahnama, which made it evident that Congress did not intend to make a temporary order challengeable.

Constitutional Jurisdiction:

Exercise of constitutional jurisdiction to go against such an arrangement would not be proper because it would frustrate the object of the legislature. First Appellate Court is a Court of fact as well as of law. On the filing of the appeal, the entire matter becomes reopened and sub judice and has to be decided by the law then prevailing.’ Parties in the first appeal are entitled to agitate both questions of fact and law for court marriage in Lahore or lost nikahnama. Statutory right of appeal being available under law, it cannot deny it merely because the law has provided another remedy.

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