Lahore High Court elaborated the meaning and import 

WEST PAKISTAN FAMILY COURTS ACT, 1964 In this judgment, The Honourable Lahore High Court elaborated the meaning and import of the term ‘maintenance’ and held that to maintain his child was obligation of the father and his responsibility could not be absolved merely on the basis that the mother was an earning-hand. The Learned Court also laid down the principles for determination of quantum of maintenance...

Recovery of dowry

The decree for recovery of dowry articles in alternative. Having been expressed in the alternative, the decree does not become a decree for money simpliciter for the amount stated therein. This because the price of dowry articles fixed in the alternative by the decree under execution represents their market value as on the date of decree. Such market value of the decretal dowry articles cannot remain...

Restored the annual increase in maintenance

The Court restored the annual increase in maintenance for minor at 10% by virtue of S. 17-A of the Family Courts Act, 1964 [as substituted by the Family Courts (Amendment) Act (XI of 2015)] as the maintenance was to be increased at the rate of ten percent each year. The conclusion arrived at by the High Court to the extent of reduction of the award of annual increase from ten to five percent was modified. 2016...

نکاح نامہ میں لکھی گئی پراپرٹی

۔۔۔۔۔ نکاح نامہ میں لکھی گئی پراپرٹی حق مہر یا گفٹ کے ضمرہ میں آتی ہے اور فیملی کورٹ اس حوالہ سے ڈکری پاس کرسکتی ہے۔ *مسماۃ یاسمین بی بی بنام محمد غضنفر خان وغیرہ* Verified Citation: *PLD 2016 SC&nb...

Non-payment of dower or paid on first night

Section 5 of west Pakistan family court Act (XXXV of 1964) — article 199 of constitution Petition – suit for recovery of maintenance allowance and dower was decreed – contention of husband was that he had stated before the family court that dower had been paid to the wife on the wedding night therefore, finding of courts below were incorrect – validity – mere statement before family court could not...

section 7(6) of Muslim Family Law Ordinance 1961

section 7(6) of Muslim Family Law Ordinance 1961 Pronouncement of talaq by court would amount to single divorce and husband would be at liberty to marry the wife again after solemnization of nikah without intervention of a third person – section 7(6) of the Muslim Family Law Ordinance 1961 did not debar wife whose marriage had been terminated by divorce under section 7 of the said ordinance from...

Remarriage after Khula without Intervening

Section 7(6) Muslim Family Law Ordinance 1961 — constitutional petition — re-marriage – parties were husband and wife inter se and their marriage had been dissolved on the basis of khula vide ex parte decree dated 7-11-2009 – plea raised by parties was that suit for dissolution of marriage was filed on misunderstanding and both of them wanted to re-marry without intervening marriage (Hallala) – validity...

List of Dowry Articles

Qanoon-e-Shahadat section 17, suit for the recovery of dowry articles- non production of receipts for dowry article – effect – provision of the qanun-e-shahadat 1984 were not applicable in the proceedings before family court act 1964 – intent of the legislature was clearly to simplify the proceddure and the law makers were aware of the fact that in cases relating to dower the lists were seldom...

Guardianship allowed to mother as father contracted second marriage

2019 Y L R 734 [Peshawar (Mingora Bench)] Writ Petitions Nos.385-M and 488-M of 2014, decided on 7th February, 2018.7 Family Courts Act (XXXV of 1964)--- ----S. 5, Sched--- Suit for recovery of dower, dowry articles maintenance allowance and custody of minors by the ex-wife/mother---Payment of gold ornaments in lieu of dower at the time of marriage---Scope---Non-production of receipts of purchase...

Appeal against Dissolution of Marriage

Section 14(2)(a) of West Pakistan family Court Act 1964 and section 2(iii)(d) of Dissolution of Muslim Marriage Act 1939 that no appeal against decree for dissolution of marriage . Its object to deprive from filing of appeal against the decree regarding dissolution is to shorten the agony and to resolve the controversy expeditiously. Theme behind the proceedings or reconciliation proceedings before...

Recovery of Gold Ornaments or its value

Section 5 of the west Pakistan family courts act (XXXV of 1964)—gold ornaments – market value – compensating wife/decree holder with market value of gold instead of gold ornaments – scope – wife filed suit for recovery of dowry articles against her husband and the list of dowry articles included 17 tolas of gold – suit prayed for either recovery of 17 tolas of gold or its value which was stated to...

Increment of Minor Maintenance

Maintenance allowance for minor – admission of father ( Govt. employee) to be drawing monthly salary as Rs, 9,944/= with periodic increase therein – maintenance awarded to minor by family court @ Rs. 3000/= per month with annual increase therein @ 10% upheld by appellant court – father pleas was that no provision existed in west Pakistan Family Courts Act 1964 for granting maintenance with annual...

Signing Nikahnama

Marriage – Nikahnama signing of – effect – As soon as an adult of sound mind signed the nikahnama, he entered into a contract, whereby heavy responsibility was cast upon him to provide basic necessities of life to his wife. 2013 CLC 9...

Wife Disentitle of Maintenance

Section 5 west Pakistan Family Courts Acts 1964 – suit for recovery of maintenance allowance by wife – refusal of wife to live with her husband despite having received dower amount on basis of compromise effected between spouses in suit for restitution of conjugal rights filed by husband – validity—wife for being disobedient was not entitled to maintenance during period of desertion – suit was dismissed...

Grandchildren Right of Inheritance

Section 4 of Muslim Family law Ordinance 1961 Article 203-D of Constitution of Pakistan Right of Inheritance – scope- right of grandchildren to inherit the share of their predeceased father from their grandfather — Legality – Although Federal Shariat Court had declared section 4 of Muslim Family Law Ordinance 1961 to be repugnant to Islamic Sharia but such verdict was under challenge before the...

Marriage of Girl having 14 yeas of age

Section 375 Pakistan Penal Code Ss. 2(a) & (b) Child Marriage Restrain Act 1929 Ss. 2(a) & (b) Section 491 Habeas Corpus Criminal Procedure Code 1898 – Petition for the recovery of Detenue – Rape — Marriage of Muslim girl below sixteen years of age who had otherwise attained puberty and consented to the marriage — Legality — complainant (father of alleged detenue ) filed present petition...

Retrun of Haq Mehr in lieu of Khula

section 5 and section 10(4) of West Pakistan Family Courts Act 1964 Dissolution of marraige by way of khula – dower (haq Mahr) – return- scope- dispute regarding payment of dower – wife admitted payment of dower at the time of marriage but alleged that the same was snatched from her subsequently – wife filed suit for dissolution of marriage by way of khula which was decreed by the trial court in...

Past Maintenace limitation

section 5 Limitation Act 1908 Article 120, 199 Constitution of Pakistan Suit for maintenance for four year till the period of iddat – appellate court upheld the judgment of trial court – defendant contended that past maintenance allowance could not be granted for more than a peiod of three years – validity – defendant remained out of country during last five years of marriage leaving behind the...

Quantum of Interim Maintenance

Section 17-A West pakistan Family Court Act 1964 Constitution of Pakistan Article 199 Maintainability- interim maintenance, quantum of – petition father /defendant challenged the reate of interim maintenance allowance awarded to his daughters – quantum of interim maintenance allowance was not excessive in view of status of parties and expenses incurred on the education of daughters – determination...

Maintenance of breast feeding

Mother is entitled to maintenance for breast feeding the suckling baby for two years even after the period of iddat. However social status of the man and the level of his legitimate financial source which are imminent factor for deciding the quantum of maintenance shall not be ignored. 2004 CLC 473 PLJ 2004 Lahore 1075 ...

Divorce wife residing abroad

Section 7 West Pakistan Rules under Muslim Family law Ordinance 1961. talaq (divorce)- wife residing abroad-serving of notice on wife, effectiveness of – arbitration council jurisdiction of- preoceedings for dissolution of Marriage, custody of minor and equitable distribution of property initiated by wife in the foreign court- husband ws alleged to have prepared a forged divorce deed in Pakistan...

Interim maintenance order fixing allowance

Section 17A and 12A of West Pakistan Family Court Act 1964 Interim maintenance order fixing allowance – time period for which such interim order would remain valid – scope joint reading of section 17A and 12A of West Pakistan Family Courts Act 1964 reveled that when Family Court was made competent to pass an interim order for payment of maintenance allowance, it was also made incumbent upon the...

Lower Appellate Court handed over the minor

section 25 of Guardian and Ward Act 1890 Minor, Wefare of – Minor daughter was living iwth her mother and Guardian Court declined to interfere in the custody but lower Appellate Court handed over the minor to her father – Validity – Love and affection of a mother could not be compared with – welfare of minor was to be given paramount consideration for disposal os such like questions i.e. custody...

Restoration of Haq Mehr

section 10(4) of West Pakistan Family Courts Act 1964 Interpretation of section 10(4) proviso of west Pakistan Family Courts Act 1964- Restoration of Haq Mehr- proviso to section 10(4) of the west Pakistan Family Court Act 1964 provided that it could be validity inferred that if pre-trial reconciliation efforts familed, the family court would pass decree for dissolution of marriage forthwith and...

Recovery of dowry Articles

Section 17, Dowry and Bridal Gifts (Restriction) Act 1976 Section 2(b) 10, Dowry and Bridal Gift (Restriction) Rule 1976 Suit for Recovery of dowry articles- list of dowry articles produced in evidence by both parties in support of their respective claim – decree passed by Family Court on basis of such list produced by husband upheld by Appellant Court. Wife plea that rule of thumb would apply...
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