Evidence in Khula Pakistan Family Law:
To know how the evidence is tendered in khula Pakistan family law for Nadra divorce certificate you may contact Jamila Law Associates. Now Get The Khula In Pakistan After Know the Khula Procedure in Pakistan & Procedure of Khula in Pakistan. The Khula Pakistani Law is almost in favour of Wife. The impugned order was by law.1. Affidavit evidence. Manner of recording evidence in Family Courts cases is provided in section 11 of the Family Courts Act, 1964. It proves for oral examination of the witnesses in khula Pakistan family law for Nadra divorce certificate.
Family Court:
However, Family Court has been given the power to permit any witness to be given using an affidavit. It also has the power if it deems fit to call such a witness for further examination as given in sub-section (3) of Section 11 of the Act. It cannot urge that the Family Court committed any illegality or breach of some procedural law when it relied on affidavit evidence. The wife's affidavit stating her desire to live with the husband if repudiated cannot bind the wife or debar her for proceeding with her suit. Deponent not appearing in Court to face cross-examination and to verify content, such affidavits are a mere piece of paper.
Family law For Khula:
They would have no force as a probative piece of evidence according to the khula Pakistan family law for Nadra divorce certificate. Affidavit without an opportunity of cross-examination to the opposite party does not constitute legal and valid evidence and must be excluded from consideration. Affidavit without producing the deponent in the Court and without giving an opportunity of cross-examination to the other side by the Court would have no evidentiary value. Party against whom it produced an affidavit was entitled to cross-examine the person who sworn the affidavit about its contents. If it did not produce the deponent for cross-examination, his affidavit in such circumstances would lose all its force as a probative piece of evidence and could not be acted.
Nadra Divorce Certificate:
Regarding the khula Pakistan family law for Nadra divorce certificate the constitutional petition was allowed matter was remanded to the Family Court with direction to record evidence of parties and then decides the suit afresh in the light of the evidence adduced by the parties. The right of cross-examination under subsection (3) of S. 11 of the West Pakistan Family Courts Act, 1964 was valuable. It could not take the same away without compelling reasons for exercising discretion against a party.
cross-examine:
The defendant should have been allowed time to cross-examine the witnesses produced by the plaintiff, especially when the defendant's counsel was in attendance on the date of the impugned order, which was unsustainable. The petition was accepted. Appraisement of evidence: Appraisal of evidence according to the khula Pakistan family law for Nadra divorce certificate, assessment of its evidentiary value, and drawing inference from that place is the function of the family court, which Court is vested with the exclusive jurisdiction to decide matters like determination of the amount of maintenance. In its extraordinary jurisdiction, High Court can neither substitute finding of fact recording by Family Court nor give its opinion about adequacy or quality of evidence.
Closing of evidence:
Section 11 of the West Pakistan Family Courts Act, 1964provides that the Family Court would examine the witnesses produced by the parties in khula Pakistan family law for Nadra divorce certificate.
