Law: Family Courts Rules, 1965

Section: 4

Law: Family Courts Rules, 1965

Section: 4

Law: Legal Practitioners and Bar Councils Act, 1973

Section: 22

Law: Family Courts Act, 1964

Section: 10,18

(a) West Pakistan Family Courts Rules, 1965------R. 4---Civil Procedure Code (V of 1908), O.V, Rr.14 & 15---Omission or irregularity in signing and verification of pleadings and presentation of plaint---Effect---Plaint could not be rejected or suit could not be dismissed for such omission or irregularity for being rectifiable at subsequent stage---Principles. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched. Ss.10 & 18---Legal Practitioners and Bar Councils Act (XXXV of 1973), S.22---Constitution of Pakistan, Art.199---Constitutional petition---Suit for dissolution of marriage on basis of Khula filed through attorney/mother---Appearance of plaintiff in pre-trial conciliation proceedings through her attorney---Suit decreed by Family Court on failure of conciliation efforts upheld by Appellate Court---Validity---Party could not be deprived of his right to appear and defend suit through his/her attorney as such representation was permitted and recognized by S.22 of Legal Practitioners and Bar Councils Act, 1973 and S.18 of West Pakistan Family Courts Act, 1964---Right of a pardahnashin lady under S.18 of West Pakistan Family Courts Act, 1964 to appear through a duly authorized agent applicable to a person in general would apply to a party to suit also---Presence of parties in person in pre-trial conciliation proceedings was not obligatory, thus, their non-presence in person would not vitiate proceedings---Defendant, in the present case himself had not participated in such proceedings, thus, he could not object to appearance of plaintiff through her attorney---High Court dismissed constitutional petition in limine. Shahida Perveen and another v. Sher Afzal and 2 others 2006 MLD 1752; Abdul Majid v. Mukhtar Begum and another PLD 1979 Note 50; Mst. Saeeda v. Lal Badshah 1981 SCMR 395; Khalid Mehmood Syed v. Razi Abbas Bokhari and another PLD 1979 Lah. 217 rel. Sadiq Ali v. Mst. Bashiran and another 1979 CLC 647 ref. Malik Muhammad Latif Khokhar for Petitioner ORDER IJAZ AHMAD, J.--- Respondent No.2, instituted a suit for dissolution of marriage on the basis of Khula. The petitioner submitted written reply and raised a preliminary…

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