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MUHAMMAD EJAZ vs JUDGE FAMILY COURT, HAFIZABAD Ss — 2025 SCMR 558 SUPREME-COURT

Case information

Citation
2025 SCMR 558 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
SCMR
Parties
MUHAMMAD EJAZ vs JUDGE FAMILY COURT, HAFIZABAD Ss
Subject matter
Civil
Provisions referred to
Family Courts Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD EJAZ VS JUDGE FAMILY COURT, HAFIZABAD Ss. 5, 9(6) & 10---Qanun-e-Shahadat (10 of 1984), Art.114---Suit for dissolution of marriage and recovery of dower---Ex-parte decree---Estoppel, principle of---Applicability---Petitioner/husband was aggrieved of ex-parte decree passed against him and the Courts below declined to set aside the same---Held, that petitioner/husband sought setting aside of ex-parte decree by filing application under section 9 (6) of Family Courts Act, 1964 but later on withdrew the same---Petitioner/husband acquiesced of the decree and waived off his right to further agitate it---Principle of estoppel was fully attracted against petitioner/husband---Lower Appellate Court after passing of decree by Trial Court reviewed its findings and concurred with the same, as thus were in accordance with pleadings, evidence and law on the subject---Supreme Court declined to interfere in orders passed by the Courts below as there was no illegality---Petition for leave to appeal was dismissed and leave to appeal was refused.

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