Payment/receipt/remission of dower

“However, where a dispute arises on this issue between the parties as to the payment/receipt/remission of dower then the same would have to resolved by the Family Court. In this situation if the wife is willing to deposit the dower amount in Court, then too a preliminary decree for dissolution of the marriage should be passed by the Family Court whereafter the disputed issue regarding the dower...

“certiorari” could only be issued,

“8 …in regard to finding of fact recorded by the respondent writ of “certiorari” could only be issued, if in recording such findings, the respondent had acted on evidence which was legally inadmissible or had refused to accept admissible evidence or if the findings were not supported by any evidence at all. If in such cases error would amount to error of law…” 2009 SCMR 210 Used In Judgment of: Lahore...

Nikah Nama regarding payment of dower

 Learned counsel for the petitioner contends that receiving of the gold ornaments (worth Rs.100,000/-) as dower was specifically denied by the petitioner in paragraph No.4 of the plaint. The entries in the Nikah Nama regarding payment of dower were alleged to have been wrongly written or tampered. Since the petitioner had denied receiving of dower in the shape of gold ornaments, therefore, family...

DNA profile test is always conducted

DNA profile test is always conducted with the consent of the person concerned and is normally applied in criminal cases as held by the Hon’ble Supreme Court in SALMAN AKRAM RAJA and another vs. GOVERNMENT OF PUNJAB through Chief Secretary, and others [2013 SCMR 203] Used in Judgment of: Lahore High Court WP- Family Law 25711-...

Misreading and non-reading of material evidence

“It is settled rule by now that interference in the findings of facts concurrently arrived at by the courts should not be lightly made, merely for the reason that another conclusion shall be possibly drawn, on the reappraisal of the evidence; rather interference is restricted to the cases of misreading and non-reading of material evidence which has bearing on the fate of the case.”  2011 SCMR...

Summons for the appearance of witness, unless a party intimates

“The proviso of subsection (2) of the section 7 clearly provide that the parties may with permission of the court call any witness at any later stage if the Court considered such evidence expedient in the interest of justice. Addition of word “further” in proviso of section 7(2) by Ordinance VL of 2002 on 1-10-2002 manifest the intention of legislature to grant a permission liberly, if, the Court...

Question of conducting the DNA Test.

[PLD 2010 Lahore 422], relevant extract is re-produced below:- “Now I would like to dilate upon the question of conducting the DNA Test. DNA Test is not to be directed as a matter of routine in cases where the father refuses to acknowledge his child born during lawful wedlock, for the reason that otherwise the presumption under Articles 117, 118, 119 and 128 of Qanun-e-Shahadat Order, 1984 that a...

Withdrawn the notice of Talak within given time

In view of the above facts and the legal provisions, although it was well within the rights of the petitioner to have withdrawn the notice of Talak within given time (90 days), which he has failed to do, because of which Talak became effective and irrevocable. Reliance can be placed on M. Salahuddin Khan v. Muhammad Nazir Siddiqi & others (1984 SCMR 583) and M. Zikria Khan v. Aftab Ali Khan &...

Confronted with the provisions of section 7 and 11 of the Family Courts Act, 1964

“The provisions of subsection (2) specifically lay down that the parties may, with the permission of the Court call any witness at any later stage if the Court considers such expedient in the interest of justice. By virtue of these provisions the Court is competent to allow a party to include the name of desired witness in the list in accordance with subsection (2) of section 7 (ibid). The witnesses...

Settled principle of law that constitutional jurisdiction under Article 212(3)

9. It is settled principle of law that constitutional jurisdiction under Article 212(3) is discretionary in character. It is settled law that grant of leave to appeal is discretionary. See Ghulam Qadir Khan’s case (1986 SCMR 1386). It is also settled law that constitutional jurisdiction against void order may be refused if it was meant to enable petitioner to circumvent provisions of law of limitation...

Delivery of dowry articles

(2008 SCMR 1584), it was held that delivery of dowry articles should also be seen with reference to the nature of the dowry articles whether they are of personal use or otherwise. Applying this principle statement of PW-1 showing the normal useable articles do not appear to be exaggerated. Used in Judgment of: Lahore High Court WP- Family Law 21501-...

Divorce notice has to be sent by the husband

 (2005 SLR 626), in which it was held that the divorce notice has to be sent by the husband to the union council where the wife resides but nowhere it was held that in case of divorce by the wife she must send a notice to a union council of her own residence. Used In Judgment of Lahore High Court WP- Family Law 26026...

Not even the divorce document has been placed

“We notice that the learned counsel for the petitioner has taken it as a ground for the first time that the divorce pronounced orally in October 1979 or in writing in January, 1980 was such as to fall outside the provisions of sections 7 and 8 of the Family Laws Ordinance. Not even the divorce document has been placed on record to make out this ground. What we find is that the two courts dealing...

Oral Talaq even if proved is invalid since no notice under section 7

“The objection of learned counsel for respondent No.1 that oral Talaq even if proved is invalid since no notice under section 7 of Muslim Family Laws Ordinance, 1961 was given by respondent No.1 to Chairman, Union Council or to the petitioner is not sustainable. It has been held in case titled Allah Dad v. Mukhtar and another (1992 SCMR 1273) that failure to send notice to Chairman, Union Council...

Talaq has become effective

“The question of the notice of Talaq to the Chairman under section 7 of the Family Laws Ordinance was also decided by all these Courts in favour of the respondents and it was held that even in the absence of such a notice, the Talaq has become effective. Reliance, in this respect, was placed on Article 2-A of the Constitution, as interpreted in the case of Mirza Qamar Raza v. Mst. Tahira Begum and...

‘Talaq’ cannot be subjected to the service of notice

“We have gone through the judgment in Mirza Qamar Raza and appreciate that the effectiveness of the ‘Talaq’ cannot be subjected to the service of notice on the Chairman. The observations of the learned Judge that the reconciliation efforts ordained in Quran pertain to a period before the pronouncement of ‘Talaq’ or that an official or other person cannot be designated in a man-made law to enforce...

Heard.

“Heard. As regards the question, whether the suit is competent before the Family Court, it is the case of respondent No.1, and also held by the learned Additional District Judge that the matter falls within the Entry No.9 of the Schedule to section 5, i.e. “personal property and belonging of the wife”. I feel amazed to note as to how the amount of Rs.100,000/- allegedly payable by the petitioner...
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