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Appeals judges dismiss charge against man at arraignment in laborer clothes.
I'd say this is because they aren't homes, but rather investment commodities not meant to be occupied.
Acceptance of procedure of talaq in Pakistan
Acceptance of procedure of talaq in Pakistan
When Do You Need A Lawyer?
When Do You Need A Lawyer?
Law Articles | January 5, 2020
After qualifying as a lawyer in his native Egypt within the fields of Criminal and Public Law, Dr. Mohsen Elhais has been practicing as a Legal Consultant in Dubai since 2005
Law Articles | December 12, 2019
Procedure of talaq in Pakistan on ground of Khula inconsideration of wife's relinquishing her claim for maintenance was decreed and dissolution of marriage certificate was issued by the Chairman, Arbitration Council showing that reconciliation between the parties had failed. Record also showed that pre-trial reconciliation under S. 10(3) of the West Pakistan Family Courts Act, 1964 was attempted but failed; similarly, efforts made under S. 12(1) of the Act for post-trial reconciliation were not fruitful.
Procedure of talaq in Pakistan on ground of Khula inconsideration of wife's relinquishing her claim for maintenance was decreed and dissolution of marriage certificate was issued by the Chairman, Arbitration Council showing that reconciliation between the parties had failed. Record also showed that pre-trial reconciliation under S. 10(3) of the West Pakistan Family Courts Act, 1964 was attempted but failed; similarly, efforts made under S. 12(1) of the Act for post-trial reconciliation were not fruitful. Some more opportunities were provided by the Family Judge but the parties were unable to resolve their differences so much so the wife simultaneously resisted the husband's suit for restitution of conjugal rights which was dismissed by the judgment/decree. Judgment and decree dissolving the marriage had been acted upon as the requisite notice under S. 9 of the Muslim Family Laws Ordinance, 1961 had been given and there was a long interval of more than 11 years since the dissolution of marriage during which the parties stayed away from each other as they had undoubtedly accepted the procedure of talaq in Pakistan. Marriage of the parties, in circumstances, stood dissolved when dissolution of marriage certificate was issued by the Chairman Arbitration Council. Desire of the couple to live together as husband and wife, could not invalidate or nullify the effect of the judgment and decree which had attained finality as the Procedure of talaq in Pakistan had become effective under S. 7(3) of Muslim Family Laws Ordinance, 1961. Parties agreeing to refer dispute to their named referee and accept his decision on oath was to be binding on them. Appointment of referee by Family Court on the basis of such agreement of parties was valid. Award of arbitrator was in favor of plaintiff. Suit decreed by Family Court on 24-11-2005 for recovery of Rs.18, 000/- as value of such gold ornaments upheld by Appellate Court. Defendant's plea that Family Court could not appoint Referee due to non-applicability of evidence act 1984 to family suit in view of S. 17 of West Pakistan Family Courts Act, 1964; and that under Article 33 of evidence act 1984 a Referee could give only an information, but not a decision, and if he gave a decision, then same would be treated as an award and dealt with under provisions of Arbitration Act, 1940 allowing parties to file their objection thereto. West Pakistan Family Courts Act, 1964 did not contain any provision regarding allowing or prohibiting appointment of a Referee. Family Court, for purpose of settlement of family disputes, could adopt any procedure not expressly barred or prohibited by law. Principles sans technicalities embodied C.P.C., and evidence act, 1984 could be applied by Family Court to advance ends of justice in absence of any conflict or inconsistency with provisions of West Pakistan Family Courts Act, 1964. Referee's act of acquiring further information by hearing parties could not vitiate his statement or decision. Statement or decision of Referee, if given on basis of his own personal knowledge without hearing parties, could be challenged by a party adversely affected thereby, for failing to hear him. Family Court on its own had not appointed Referee
, but had appointed him on express consent and desire of both parties having agreed to abide by his decision in case of procedure of talaq in Pakistan. Referee having relations with parties had based his decision on his own knowledge as well as admission and statements of parties. Impugned judgments could not be challenged. Valuation of such gold ornaments fixed by Family Court did not reflect
Article Tags: West Pakistan Family, Pakistan Family Courts, West Pakistan, Pakistan Family, Family Courts, Family Court
Source: Free Articles from ArticlesFactory.com
Car accidents to disputes with the neighbour, from estate plan or legal document drafting, several situations could lead you to wonder whether you will need help from the best lawyer in Dubai or will you be able to solve things on your own. But when you want to go down the legal route, the law and the legal system can get complex and hard to understand. You may find it difficult to resolve your issue when you will be confused about which area of law should you be consulting, whether you will need to visit the court, etc. Therefore, here, we discuss the advantages of seeking help from a lawyer and the confidence they can give you to help you resolve the issue.
Reasons you should hire a lawyer:
1) Understanding the law is very complicated and would be best left with the professional lawyers
2) Not appointing a lawyer may prove to be more expensive
3) Lawyers are experienced enough to challenge the pieces of evidence appropriately.
4) A small mistake, while filing the document or following a wrong procedure, could potentially ruin your case.
5) Lawyers have access to witnesses and experts that can help you with your case
6) A lawyer can explain to you all your options and help you avoid potentially severe penalties by presenting your strongest case.
7) Hiring a lawyer can help you avoid potential legal issues you might face down the road.
8) A lawyer's experience will know how to negotiate settlements and plea bargains.
9) The other party has legal representation, probably
10) Free consultation.
Choosing the right law firm:
There are many law firms in the UAE with advocates and legal consultant that are best with their style. If the firm has advocacy and legal consultancy license, it means that they have both - Arabic and local advocates. Such licences allow advocates to appear in criminal investigation and criminal cases. Many law firms in the UAE have legal consultancy license only, which does not allow working lawyers to appear in court. However, they still are allowed in DIFC courts. It is important to note that it is not possible to find criminal lawyers and legal consultant firm itself doesn't have the right to appear in criminal court or criminal cases. The client can easily find out if a law firm has the right for court audience, has criminal lawyers, or can appear in the courts from the trade name. If the trade name has the word advocates and legal consultancy, then they have the right for court audience.
How to find a good lawyer?
You can find a good lawyer through personal referrals, or through online services where you can learn more about the law firm. Through online services, you will able to find answers to your questions and even get contact information, from which you can contact the lawyer directly. Check for law firm's reputation and their experience in the field. Make sure you are hiring the best law firm in UAE, like Al Rowaad Advocates and Legal Consultants
Al Rowaad Advocates and Legal Consultants with its local and Arab speaking lawyers have the right court audience in UAE courts and criminal investigations. Top law firms have instructed our law firm in Dubai in plenty of legal cases on behalf of their clients. We have been previously instructed in many cases with numerous corporate lawyers in Dubai and In-House Counsels. Whether in our office in Dubai or our branch law firm in Abu Dhabi
, we have a dedicated team of advocates In UAE who have provided expert service to hundreds of clients.
Source: Free Articles from ArticlesFactory.com
ABOUT THE AUTHOR
ABOUT THE AUTHOR
Dr Hassan Elhais, has made a name for himself as a renowned specialist in the fields of Family law, civil law, company incorporation, construction law, maritime law, banking law, criminal law, inheritance law, and arbitration. He and his team in Dubai and Abu Dhabi cover the entire UAE and provide sound and accurate legal advice. They maintain the highest standards of integrity, confidentiality, and discretion. Dr Elhais' goal is to ensure that a consistently high standard of service is undertaken and delivered by his team.
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