Definition of “actionable claim”

“The definition of “actionable claim” in the TPA is strictly and exclusively relatable to the operative provisions of Chapter VIII of that Act, which by virtue of Sections 130 to 137 thereof inter alia, prescribes the requirements and the broad mechanism for the transfer and the assignment of the “actionable claims” so defined in section 3. It has no application beyond the Act even if any general...

Student/respondent in which he is studying and also considered the status of appellant

“- - - - - It is clear that at that time minor was of about 8 years whereas, now he is 17 years old and is getting education in high school in higher class. Undoubtedly, now much more expenditures took place than those were earlier. Although respondent has submitted that he is a poor man and cannot bear expenditures at the rate claimed by respondent/minor in his plaint i.e. at the rate of rupees...

Shia husband without reading “Segheas”

(2014 MLD 254), it was held that the divorce pronounced by a Shia husband without reading “Segheas” will not be effective against the wife. Used in Judgment of: WP- Family Law 26026...

No conflict between provisions of Civil Procedure Code, 1908 and provisions of Family Courts Act, 1964.

“Applicability of provision of C.P.C. in proceedings before Family Court. Provisions of Civil Procedure Code, 1908, would not be applicable in stricto senso to proceedings before Family Court; principles of Civil Procedure Code, would, however, be attracted specially when there was no conflict between provisions of Civil Procedure Code, 1908 and provisions of Family Courts Act, 1964.” 1999...

Leave the country of dispose of his property

“Application under O.XXXVIII, R.5, CPC could only be granted when sufficient material was on record that defendants were planning to leave the country with a view to defeat the recovery of plaintiff’s claim. No such circumstance existed in the present case. Vague allegation about intentions that defendant would leave the country were not sufficient. Definite evidence was required to be led before...

Suit for enhancement of maintenance

On the issue whether a suit for enhancement of maintenance is maintainable under the Schedule, the answer is that the same is maintainable. The Schedule provides for the matter over which the family court should have jurisdiction. Maintenance is provided at serial No.3. As such there is no bar on filing a suit for enhancement of maintenance. There are bound to be changes in the circumstances and...

Trial Court and First Appellate Court are set aside

“After hearing the learned counsel for both sides and taking into consideration the fact that the property was originally owned by the Panjnad Textile Mills, therefore, it was incumbent upon the plaintiff/petitioner to have impleaded it as party and in absence of the original owner decree passed shall cause injustice to it and such order would not be executable against a person who was not a...

Family Court decreeing the suit

“Taking up the issue of dowry articles, again the evidence of the appellant was neither contradicted nor rebutted and the list of article as well as value of the articles shown in it must be accepted on its face value. Indeed reasons recorded by the trial Court in this behalf do not appeal to mind and assessment of value of the articles shown in it must be accepted on its face value. Indeed reasons recorded...

Recovery of dower amount.

(2001 SCMR 1323), it has been held by the Hon’ble Supreme Court of Pakistan that where the husband participated in the proceedings but did not file written statement as directed, the Family Court is competent to strike off defence of the husband and pass the decree for recovery of dower amount. 2016 LHC 3015 Writ Petition-Family-Dowry Articles 6867...

Fixation of an amount to be paid by the said organization to the minors

Abdul Majeed v. Additional District Judge, Faisalabad and 4 others (PLD 2012 Lahore 445) seeks indulgence of this Court for issuing direction to the Government organization viz Bait-ul-Maal for fixation of an amount to be paid by the said organization to the minors so as to reduce his miseries and of the minors as well. Accordingly with the assistance of learned Law Officer, the representative of...

Civil Procedure Code have been excluded by section 17 of the Family Court Act, 1964,

“The provisions of the Civil Procedure Code have been excluded by section 17 of the Family Court Act, 1964, to proceedings under it. And it has been consistently held that such provisions are not stricto sensu applicable to the proceedings before the Family Court. However, as the Family Court Act is not an all-encompassing legislation and the principles of certain provisions of the Code of Civil Procedure...

Responsible for maintaining their grandchildren

“Although leave was not granted to examine this point we permitted the learned counsel to advance the same so as to clarify the legal position. No doubt grandparents, if affluent, will be obliged to maintain grand children if they are destitute. But the command would issue in this behalf when there is no other nearer relation and/or more responsible in this behalf. Accordingly, when a specific proposition...

Delay, defeat or otherwise frustrate any decree that may be made in the suit

“The crucial element must be that the concerned defendant intends to dispose of the subject property with intent to delay, defeat or otherwise frustrate any decree that may be made in the suit. Clearly, such intent would hardly ever been expressly spelt out and in the normal course, must be gathered or inferred from the relevant facts and circumstances. The primary circumstance relied upon by learned...

Consideration of welfare in determining the question of custody.

“The primary consideration for determining the question of custody is always the welfare of the minor and there could not be an absolute rule and fixed criteria to determine the question of welfare in the same manner in each case rather it being a mixed question of law and fact is decided in the facts of each case and consequently the factors having only social importance or the desirability of the...

Right of petitioner to interim relief

As the said Ordinance has taken away the right of petitioner to interim relief, learned counsel submitted that this was a ground which entitled the petitioner to prosecute a writ petition despite the pendency of the proceedings on the District Court. The argument is misconceived because the writ jurisdiction of the superior Courts cannot be invoked in aid of injustice and in order to defeat the express provisions...

Applicability of provision of C.P.C. in proceedings before Family Court

Family Judgment & Case Laws

Menu