--- Dowry articles , recovery of --- Special oath --- Suit for recovery was consolidated with two other matters ( for recovery of maintenance allowance and custody of............

 2023 MLD 483

Family Courts Act ( XXXV of 1964 ) , S. 17 ( 2 ) --- Powers of Attorney Act ( VII of 1882 ) , S. 2 --- Dowry articles , recovery of --- Special oath --- Suit for recovery was consolidated with two other matters ( for recovery of maintenance allowance and custody of minors ) pending adjudication before Family Court and in consequences additional issues were framed --- During cross - examination , an offer was made by petitioner's counsel qua decision of the matter through special oath on the Holy Quran by petitioner ;of her which offer was not accepted by Respondent / wife , instead , signified her willingness to state on respondent / wife ... oath by putting her hands on the Holy Quran and on the heads children that her dowry articles were lying at defendant's house , which proposal was accepted by the petitioner's counsel - On the adjourned date petitioner moved an application that he did not instruct his counsel to make offer to respondent / wife for taking her special oath and that such offer was under misconception --- Petitioner's application was dismissed and the statement of respondent / wife was recorded under special oath and her suit for recovery of dowry articles no contended that was consequently decreed --- Petitioner specific direction was given by him to his counsel for resolution of the controversy qua dowry articles through special oath ; that his counsel was not authorized either to make any offer to other side or to accept any such offer ; that whole proceedings regarding offer and so - called acceptance by his counsel took place in his absence ; and that procedure adopted by learned trial court for taking special oath was against the law --- Held , that document of the power of attorney contained the phrase :
Such vernacular expression beyond an iota of ambiguity evinced the intention of petitioner conferring the power to his counsel for making statement qua decision of matter on oath --- Petitioner was bound by an act / undertakiing.

-- Powers of Attorney Act ( VII of 1882 ) , S. 2 --- Dowry articles , recovery of --- Special oath --- Suit for recovery was consolidated with two other matters ( for recovery of maintenance allowance and custody of ...................

 2023 MLD 483

Family Courts Act ( XXXV of 1964 ) , S. 17 ( 2 ) --- Powers of Attorney Act ( VII of 1882 ) , S. 2 --- Dowry articles , recovery of --- Special oath --- Suit for recovery was consolidated with two other matters ( for recovery of maintenance allowance and custody of minors ) pending adjudication before Family Court and in consequences additional issues were framed --- During cross - examination , an offer was made by petitioner's counsel qua decision of the matter through special oath on the Holy Quran by petitioner ;of her which offer was not accepted by Respondent / wife , instead , signified her willingness to state on respondent / wife ... oath by putting her hands on the Holy Quran and on the heads children that her dowry articles were lying at defendant's house , which proposal was accepted by the petitioner's counsel - On the adjourned date petitioner moved an application that he did not instruct his counsel to make offer to respondent / wife for taking her special oath and that such offer was under misconception --- Petitioner's application was dismissed and the statement of respondent / wife was recorded under special oath and her suit for recovery of dowry articles no contended that was consequently decreed --- Petitioner specific direction was given by him to his counsel for resolution of the controversy qua dowry articles through special oath ; that his counsel was not authorized either to make any offer to other side or to accept any such offer ; that whole proceedings regarding offer and so - called acceptance by his counsel took place in his absence ; and that procedure adopted by learned trial court for taking special oath was against the law --- Held , that document of the power of attorney contained the phrase :
Such vernacular expression beyond an iota of ambiguity evinced the intention of petitioner conferring the power to his counsel for making statement qua decision of matter on oath --- Petitioner was bound by an act / undertakiing.

"Whether a marriage interse spouses observing "Shia" sect can be dissolved by the Family Court through khula without consent of husband and performance of "Seeghas"?"

Answer:

A wife can seek dissolution of marriage by way of khula from the court even if his husband does not give consent for the same, nevertheless spouses are observing “Shia” sect.
WP-2521-22
SYED SHOUZAB IMRAN KAZMI ETC VS SYEDA IFFAT BUKHARI ETC
Mr. Justice Mirza Viqas Rauf
31-10-2024
2024 LHC 5108
























---Custody of minors----Plea raised by mother of minors was that under the provisions of West Pakistan Family Courts Act, 1964, she could file application for...............

 2011 CLC 146

Ss.9 & 25---West Pakistan Family Courts Act (XXXV of 1964), S.7(ii), second proviso---Constitution of Pakistan, Art. 199---Constitutional petition---Custody of minors---Territorial jurisdiction---Plea raised by mother of minors was that under the provisions of West Pakistan Family Courts Act, 1964, she could file application for custody of minors at the place of her right conferred on a wife by second proviso to S. 7(ii) of West Pakistan Family Courts Act, 1964, meant that the place of her residence would create jurisdiction in competent court for the types of claims mentioned therein that a wife might file---If procedural technicality was allowed to rule the choice of forum in such a matter then benefit conferred upon a wife or a mother by second proviso to S. 7(ii) of West Pakistan Family Courts Act, 1964, would be easily lost---Family Court at the place of residence of mother of minors had jurisdiction to entertain her application for custody of her minor children who were residing in some other city---Petition was allowed accordingly.

طلاق ، خلع ، عدت اور حلالہ کے بارے وفاقی شرعی عدالت کا تازہ ترین تفصیلی فیصلہ

PLD 2023 FSC 286

Islamic law --- Khula ' and ' Talaq ' --- Distinction between their legal effect --- ' Halala ' -- Scope --- According to Shariah , Khula operates as a single irrevocable divorce , which means that both the spouses can contract a fresh marriage with mutual consent , of course if they want to , without any intermediary marriage of the wife with another person , which is known as " Halala " --- Iddat shall be incumbent upon the wife if she wants to contract marriage with someone else after Khula --- However , when a husband pronounces divorce ( Talaq ) to his wife for the third time and that attains finality , then if he wants to remarry that lady , a Halala is required i.e. the lady marries somebody else and that marriage dissolves in normal course either by divorce or due to the death of her second husband and she becomes a widow .

Family Courts Act 1964, Ss.5 Sched Maintenance allownce for minors, Family court 7000/- per minor,.........

 PLD 2018 LHR 916,

Family Courts Act 1964, Ss.5 Sched Maintenance allownce for minors, Family court 7000/- per minor, Appellate court enhance 12000/- per minor, with 10% yearly increase, age of minors, needs of minor, earning capacity/income of Father, judgment of Appellate court set aside case remanded to Appellate court to consider all relevant facts.


This case, inter alia, involves following questions of law:

i. Whether the learned Civil Court is vested with the jurisdiction to try the declaratory suit, inter alia, regarding the reconciliation proceedings, issuance of certificate of effectiveness of divorce in the light of Section 5 of the West Pakistan Family Courts Act, 1964 ("Act, 1964")?

ii. Whether a husband loses the right to pronounce talaq, once such right is delegated to the wife?
Held: In terms of Section 5(1) of the Act, 1964 read with Entry No.1 of Part-I of the Schedule appended thereto as also Entry No.10 thereof, exclusive jurisdiction in family matters is conferred upon the Family Court, therefore, dissolution of marriage in all its modes and manners including khula and talaq-e-tafweez falls within purview of the jurisdiction of the Family Court and Civil Court had no jurisdiction to entertain the suit of the respondent.
As regards the second question, it is held that even if a husband delegates his right of talaq to the wife, the said act of the husband does not mean that the husband has denounced his own right to pronounce the talaq and intimate factum of pronouncement of talaq to the Union Council concerned, for further proceedings leading to the issuance of certificate of effectiveness of divorce in terms of provisions of the Muslim Family Law Ordinance, 1961.

WP 13290-24
SHAHZAD AKBAR VS
ADJ ETC
Mr. Justice Anwaar Hussain
17-10-2024
2024 LHC 4844












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