W.P FAMILY COURTS RULES 1965
R.7 (1) - Guardian & Wards Act sec.25
- Jurisdiction to hear guardianship cases –sect .5 gives exclusive jurisdiction to Family Courts.
PLD1995 LAH ...
“Dower” could not be stretched to include bridal gifts etc
Sect. 5, Sect. 10(4)
- “Dower” could not be stretched to include bridal gifts etc. other than the dower could not be treated as synonymous. Such gifts are in addition to and not in lieu of dower.
PLD 2012 Lah. 4...
According to Sect. 83 C.P.C. even an alien… could sue
1995 SCMR 1720
- Parties either both or one of them neither citizen of Pakistan nor did their marriage was solemnized in Pakistan – while determining question of jurisdiction of Court in Pakistan, question of citizenship or nationality of parties would not be relevant. According to Sect. 83 C.P.C. even an alien… could sue in Pakistan. Residence of one party or accrual of cause...
Decree for maintenance
Section 19
- Decree for maintenance- memo of appeal decree being for less than Rs.25000/- no court fee –no memo of appeal.
1995 SCMR 17...
Including the custody and guardianship
Section 7(2)
- Family Court has exclusive jurisdiction U/S 5 including the custody and guardianship matters. See W.P. Family Court Rules, 1965 Rule-6.PLD 2012 S.C. ...
Question of territorial jurisdiction was involved.
Section 7(2)
- Whether second proviso to Sect. 7(2) of W.P. Family Courts Act, 1964 had overriding effect on Sect. 9(1) of Guardian & Wards Act, 1890 even in the matter of custody of minor where question of territorial jurisdiction was involved..PLD 2012 S.C. ...
WEST PAKISTAN FAMILY COURTS ACT (XXXV OF 1964) Section 5
WEST PAKISTAN FAMILY COURTS ACT(XXXV OF 1964)
Section 5
- Concurrent finding that welfare lies as in custody with mother-mother not remarried – immorality not proved. Insufficient means contains no force as father responsible to maintain wherever they liv...
Certified copy of Nikahnama
Rules 8,9, 10Qanoon e Shahdat Art. 85 & 87
- Certified copy of Nikahnama – admissibility – Nikah Registrar is “public officer”. Nikah Nama is a public document – certified copy can be relied upon unless rebutted.
2012 CLC 105 Lah.Rel: 1994 SCMR 19...
CPC are not applicable in family matters
It has been held that though the provisions of CPC are not applicable in family matters, but the procedure provided in CPC to achieve the ends of justice can well be adopted by the Courts (at p. 1798) and that if during pendency of appeal suit has been withdrawn partly, a fresh suit will not be barred under the principles of res judicata...
Husband could not be held responsible
Dower amount was paid by husband to the petitioner through her father, however, same was deposited in the Bank account of her father. Thus, the Court held: “Controversy was between the daughter and father and husband could not be held responsible---Family Court had no jurisdiction and the matter was within the domain of civil court.”
2013 YLR 1...
Decree for delivery of gold
Where decree for delivery of gold or its market value was granted the value should be determined with reference to the date of payment, as only then the decree could become fully satisfied.
2013 SCMR 1...
Art. 79 of QSO are not attracted
Where the executant of notice of Talaq has not denied its execution, the provisions of Art. 79 of QSO are not attracted as the provisions of this article cannot be read in isolation and Art. 17 of QSO is also to be taken into consideration.
2013 LHC ...
Conditional order for visitation of minor subject
Conditional order for visitation of minor subject to submission of surety bond. Right of father to see his children could not be curtailed by imposing condition of submission of sureties every time he had to meet his own children. If an order was passed by any court or tribunal in violation of law and without authority the same could be questioned...
Recovery of dowry articles was decreed against the petitioner
The suit for recovery of dowry articles was decreed against the petitioner by the learned Judge Family Court, Gujranwala. The appeal filed by the petitioner was also dismissed by the learned Additional District Judge, Gujranwala,. Hon’ ble High Court dismissed the constitutional petition and observed about Problematic and Crucial social custom as under:- “In...
Conditional order for visitation of minor
Conditional order for visitation of minor subject to submission of surety bond. Right of father to see his children could not be curtailed by imposing condition of submission of sureties every time he had to meet his own children. If an order was passed by any court or tribunal in violation of law and without authority the same could be questioned...
Dissolution of Muslim Marriages Act, 1939 recognized
Suit for dissolution of marriage by wife on ground of infertility of husband- Neither Islam nor Dissolution of Muslim Marriages Act, 1939 recognized such ground for dissolution of marriage as fertility or infertility or other incapacitation for being beyond control of human being and an act of nature---Marriage in case of infertility of husband could...
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 6...
گفٹ کے ضمرہ
شادی کی تاریخ کے بعد منتقل کی گئی پراپرٹی حق مہر یا گفٹ کے ضمرہ میں نہیں آتی۔ *رانا شاہنواز خان بنام جج فیملی کورٹ لاہور وغیرہ* Verified Citation: *PLD 2009 Lah 227* ۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔ جہیز کی رقم مدعیہ کے والد کے بنک اکاؤنٹ میں ...
Suit for recovery of dowry
Where in a suit for recovery of dowry articles in shape of gold ornaments the wife had only prayed for recovery of 12 tolas gold ornaments and had not fixed any value, it was held that the husband had the option to either hand over 12 tolas of gold ornaments or to compensate the wife in terms of money equal to an amount that would enable her to purchase 12 tolas gold from open market.
2014 CLC ...
Judgment the court highlighted the concepts of prompt and deferred dower.
In this judgment the court highlighted the concepts of prompt and deferred dower. It was held that dower was divisible into two parts i.e. prompt dower and deferred dower. Prompt dower was realizable by the wife at any time before or after consummation on her demand while deferred dower was payable on divorce or death of the husband. Husband should pay immediately the entire amount of dower whether...
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