Case Details

Citation(s)
1996 SLG 1387 1996 SLD 1387 1996 PLD 394
Lahore High Court
Writ Petition No. 4131 of 1995, decided on 22nd April, 1996.
MRS. FAKHAR-UN-NISA KHOKHAR, J
Syed Zawar Al.i for Petitioner. Nemo for
Respondents Nos. 1 and 2.

NAAZREEN AKHTAR er

VS

FAMILY JUDGE, Lahore and another --Respondents

Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1%4)--- ---- S. 18 --- Legal Practitioners and Bar Councils Act (XXXV of 1973), S. 22--­Suit for dissolution of marriage or any suit pending in the Family Court can be represented through an agent --- Provisions of S. 18, West Pakistan Family Courts Act, 1964 do not take away the right of a counsel to appear and act for and on behalf of his client; such right is duly recognised by S. 22, Legal Practitioners and Bar Councils Act, 1973. A suit for dissolution of marriage or any suit pending in the Family Court can be represented through an agent under section 18 of the West Pakistan Family Courts Act, 1964. Provisions contained in section 18 of the West Pakistan Family Courts Act do not take away the right of a counsel to appear an ' d act for and on behalf of his client. Such a right is duly recognized by section 22 of the Legal Practitioners and Bar Councils Act, 1973. There is no bar for a lady to be represented through general attorney unless and until her presence is required and directed by the Family Court. The lady had rightly filed a suit before the Judge, Family Court through her agent where a suit for restitution of conjugal rights against her was pending adjudication and this was the only possible means by which she could escape from the conflict of s of two Courts of two countries. 217 ref. Khalid Mehinood v. Razi Abbas Bokhari and others PLD 1979 Lah. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ---- Preamble-Review --- West. Pakistan Family Courts Act being a procedural law, there, is no provision for review of an order passed by Family Court. (c) West Pakistan Family Courts Act (X~XV of 1964)--- S. 18 --- Constitution of Pakistan (1973), Art. 199 --- Constitutional petition--­Suit for dissolution of marriage --- Petitioner (lady) who was a citizen of India visited Pakistan to see her sisters and other relatives at Lahore; solemnized Nikah with respondent but no Rukhsati took place as her visa expired and she had to leave Pakistan --- Respondent was to make arrangements for her passport and other necessary papers for Pakistan nationality --- Petitioner lady later on came to know that respondent…
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