Law: Family Courts Act, 1964

Section: 5, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for jactitation of marriage-- Plaintiff filed suit for jactitation of marriage on the ground that she was abducted by the defendant and her alleged Nikah was fake and forged---Defendant also filed suit for restitution of conjugal rights---Trial Court dissolved marriage on the basis of khula in lieu of dower and the suit filed by defendant for restitution of conjugal rights was dismissed, in the consolidated and decree---Plaintiff filed appeal, which was allowed by Appellate Court and the suit filed for jactitation of marriage was decreed---Contention of the defendant was that plaintiff herself appeared before High Court in the year 2006 and recorded her statement that she had contracted marriage with the defendant with her own free volition and had further stated that her father and brothers were not happy with this marriage and they were illegally interfering in her matrimonial life---Validity---Appellate Court had failed to appreciate the documentary evidence available on record confirming that plaintiff had validly entered into a contract of marriage with her free will with the defendant---Plaintiff had appeared as her own witness before the Family Court but had not deposed before the Family Court that her statement in the year 2006 before High Court was under pressure, duress and coercion---Appellate Court had wrongly set aside the of the Trial Court---Constitutional petition was allowed by High Court. THIS ORDER PASSED BY: MUHAMMAD KHALID MEHMOOD KHAN, J.--- Through this writ petition the petitioner has assailed the judgment and decree dated 17-9-2008 and 25-11-2008. 2. Briefly stated the facts of the case are that the respondents filed, a suit against the petitioner for jactitation of marriage claiming, that she was abducted by the petitioner and the alleged Nikah Nama dated 18-10-2009 is a fake and forged document. Further claimed that on the day of alleged Nikah she was a minor. The petitioner also filed a suit for restitution of conjugal rights. Both the suits were consolidated and the learned Family Court…

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