Guardianship cases –sect .5

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 91

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 of action wholly or in part within local limits of a Family Court in Pakistan would give the Court jurisdiction to entertain such suit.


2012 CLC 24 Lah.

Certified copy of Nikahnama 

Rules 8,9, 10
Qanoon 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 1978

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the ends of justice can well be adopted by the Courts (at p. 1798) and that if during pendency of appeal suit has been withdrawn partly, a fresh suit will not be barred under the principles of res judicata (at p. 1798).

2012 MLD 1795

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 1903

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 1049

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 429

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 by an aggrieved person by invoking constitutional jurisdiction of High Court.

   2014 CLC 1168

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 Punjab we are confronted with two diverse situations. One, in which the parents are bounded by the cruel custom obliging them to give articles of dowry to their daughters beyond their financial capacity. From the day a girl takes birth, her mother reserves a box for her for depositing whatever the articles of dowry she can stealthily buy for this prospective bride. No receipt regarding the purchase of these articles is prepared or kept. The other is the case of the real wretched and downtrodden class of the people who could not think of preparing the articles of dowry for their daughters at any cost. They are too destitute to do it. The day of their daughters marriage is to be a day of hope and jubilation when they can dream of wearing proper clothes and feeding themselves and their children properly for a couple of days. Definitely all the funds are to flow from the groom, a well-to-do and superannuated man, driving for his second or 3rd marriage” The court further observed: In 99% cases, the plaintiff/wife tells a lie that the list was prepared at the time of marriage. In 01% cases, she still insists that she is not telling a lie. Insistence upon production of the list that was prepared at the time of marriage so as to entitle a plaintiff for a decree for the return of articles of dowry would be pressuring her to tell more lies.

   2013 MLD 939 Lahore

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 by an aggrieved person by invoking constitutional jurisdiction of High Court. 

2014 CLC 1168

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 be dissolved either by him by giving Talaq to wife or by her through "Khula".

PLD 2013 Peshawar 88

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 613*

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 جمع

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 895

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 prompt or deferred if he had contracted second marriage without prior permission of wife and if same was not paid, then such would be recoverable as arrears of land revenue. Classification of dower as prompt and deferred had been made for convenience of the parties. Normally women did not demand payment of full dower at the time of Nikah and only a portion of dower was paid before consummation of marriage and remaining dower was deferred to be paid later which did not mean that either same was waived or was to be treated as deferred till dissolution of marriage. Deferred dower was a sort of guarantee of a woman against ill-treatment, non-maintenance, desertion or any other abnormality in the matrimonial life including rash and arbitrary divorce. When at the time of marriage it was not settled whether dower was to be prompt or deferred then according to Shia Law whole dower would be treated as prompt and according to Sunni Law part of dower would be prompt and part as deferred. Prompt dower was payable during subsistence of marriage but where no time was stipulated deferred dower did not become prompt merely because wife had demanded the same rather same would be payable in the eventuality of dissolution of marriage either by death or divorce.

2015 MLD 73
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