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West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 5, 17 & Schud.----Ccvii Procedure Code (V of 1908;, O.VII, R.11--- Constitution of Pakistan (1973;, Art.199 -Constitutional petition---Wife's suits for dissolution of marriage, for recovery of dower money and for recovery of maintenance were dismissed while suit for jactitation or marriage filed by husband was decreed---Appellate Court affirmed decrees' a and s of Courts below--Validity---Family Court's as affirmed by Appellate Court was composite and consolidated issues, were framed on pleadings of parties---Appellate Court was bound to see whether provisions of O.VII, R.11, C.P.C. did apply to Family Court; whether Family Court had to decide ail matters involved in suits alongwith factum of marriage being regular or irregular after careful scrutiny of evidence---Appellate Court did not apply its mind to facts of the case---Family Court erroneously applied provisions of ONII, R.11, C.P.C. to family suits which were not available under law-Appellate Court without appreciating question of law had affirmed of Family Court, therefore, both s were set aside being without lawful authority, jurisdiction and justification---Case was remanded by High Court for decision afresh on merits. Mian Muhammad etc. v. Additional Commissioner (Revenue)/ Settlement Commissioner, Rawalpindi etc. 1991 SCMR 520; Khadim Hussain v. Board of Revenue etc. 1973 SCMR 127 and Khushi Muhammad v. Allah Bakhsh etc. 1994 CLC 1180 ref. JUDGMENT In this single judgment I propose to decide Writ Petitions Nos.8390 8391 and 8392 of 1994 as common question of law and fact aris therein. 2. Brief facts in the instant petitions are that three suits titled as Mst. Faiz. Batool v. Fida Hussain (suit for dissolution of marriage), Mst. Faiz Batool v. Fida Hussain (suit for recovery of dower money) and Mst. Faiz Batool v. Fida Hussain (suit for recovery of maintenance) filed by the petitioner were pending adjudication before the learned Judge, Family Court, Ferozewala. The respondent also filed a suit for jactitation of marriage which was pending adjudication before the Judge, Family Court, Lahore. The suit for jactitation of marriage filed by the…

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