“It is the case of the petitioner that the decree was
procured fraudulently and by misrepresentation and their
predecessor Jehan Khan and they were kept in dark about
the passing of the decree in a fraudulent manner, thus according to the above section, the period of limitation,
which is prescribed for filing an application under section
12(2), CPC under Article 181, shall commence when the
petitioner...
Existence of marriage
In the case in hand, as a declaration has been given by the
Family Court qua the non existence of marriage inter se parties,
therefore, the impugned judgment and decree was appealable
under Section 14 of the Act ibid, therefore, this petition, even
otherwise is not maintainable in view of availability of alternate
remedy. Reliance can be placed on Dr. Sher Afghan Khan Niazi v. Ali S. Habib &...
father is bound to maintain his sons until they attain puberty and his daughters
“I may here refer to Mahommedan Law by
Ameer Ali, 5th Edition, at page 1367 wherein it
is observed that “marriage does not necessarily
absolve the father from the obligation of
maintaining his daughter.” Again Asaf A.A.
Fyzee in his book ‘Outline of Muhammadan
Law’ (IVth Edition) at page 214, states that a
“father is bound to maintain his sons until they attain puberty and his daughters until...
West Pakistan Family Courts Act (XXXV of 1964) authorizing
3. Mr. Hassan Afridi, Advocate for the petitioner contended
with force that the impugned judgment and decree suffers from
the vice of gross misreading and non-reading of evidence and
that the learned trial Judge was not empowered to close the
evidence of the petitioner and deprive him of the right of
defence. The submissions of the learned counsel are not tenable.
No doubt it is true that there is...
Mis-reading and nonreading of material evidence
“Heard. From the impugned judgment of
the learned High Court, it is eminently
clear that the evidence of the respondent
side was only considered and was made
the basis of setting aside the concurrent
finding of facts recorded by the two courts
of fact; whereas the evidence of the
appellant was not adverted to at all,
touched upon or taken into account, this is
a serious illegality committed by the...
Evidence in the form of financial statistics
“3. The other question as to automatic annual
increase in the maintenance for the minor children has
been dealt with by the High Court in para 7 of the
impugned judgment. At present, there appears to be no
factual basis brought on record to justify such annual
increase. The learned counsel for the petitioner,
however, states that he will be in a position to lead
evidence in the form of financial...
Settled law that limitation for setting
“This is settled law that limitation for setting aside
an order obtained through fraud or misrepresentation,
would start from the date of knowledge and in the present
case, the respondent has categorically stated that he filed
application under section 12(2) CPC immediately on
coming to know about the decree in 1986, therefore, in
absence of any evidence to the contrary, the presumption
would be...
Granted the interim maintenance allowance
"The learned Judge Family Court granted the interint
maintenance allowance only from the date of institution
of the suit, which by any stretch of imagination could not
be termed as the past maintenance' The proceedings of
a suit take effect from its institution and as such any
order, including the one for maintenance allowance'
given effect from the date of institution, is an order for
interim period...
What should be the value of articles of dowry.
“It is an admitted fact that Rukhsati had taken
place. It will not be out of place to mention here
that in our society if Rukhsati takes place, then
naturally articles of dowry are shifted alongwith
bride. So I am of the view that articles of dowry
were given to the respondent Mst. Shehnaz Bibi
respondent No.3 at the time of Rukhsati. But the
question is as to what should be the value of
articles...
The dowry articles are shifted
(2005 MLD 1069) it was held that in a normal
marriage where the guests are entertained,
the dowry articles are shifted at the time of
Rukhsati.
Used in Judgment of:
Lahore High Court
WP- Family Law
21501-...
Joint reading of Section l7-A and l2-A
"By joint reading of Section l7-A and l2-A of the West
palCstan Family Courts Act 1964 (hereinafter to be
referred as the Act), what comes out is that when the
Family Court was made competent to pass an interim
order for payment of maintenance, it was at the same
time. made incumbent for the same Court to dispose of
the case pending before it within a period of six months
from the date of institution,...
No doubt, as per enties of Nikahnama dower
“***No doubt, as per enties of Nikahnama dower of
appellant/plaintiff is deferred in nature i.e. “Ghyr Moajal” but it is
not denied that marriage of the parties has since been
consummated and it is well settled that dower whether prompt or
deferred is inalienable right of wife and after consummation, same
would become vested right for a wife to claim at any time. Reliance
in this regard is placed...
‘Family Court, jurisdiction of---Words “personal property and belonging of the wife”
‘Family Court, jurisdiction of---Words “personal
property and belonging of the wife”---Scope---Civil Procedure
Code, 1908---Applicability---Damages, recovery of---Parties
entered into agreement stipulating that in case husband would
divorce the wife, then he was obliged to pay a sum of
Rs.100,000/- as damages to her---Validity---West Pakistan
Family Courts Act, 1964, was special law meant to cater...
Payable on dissolution of marriage
“Thus, we are of the opinion that prompt dower is
payable on demand during the subsistence of the marriage tie
whereas the deferred dower is payable on the time stipulated
between the parties, but where no time is stipulated, it is
payable on dissolution of marriage either by death or divorce.
But, the deferred dower does not become “prompt” merely
because the wife has demanded it. In the instant...
Articles which are ordinarily given to a bride at the time of her marriage.
“Having heard learned counsel for the petitioner
in the light of the material on file, we find that
learned High Court has rightly observed that “the
evidence of the petitioner is insufficient to rebut
the version of the plaintiff/respondent, Mst. Safia
Bibi,…. The learned appellate Court after proper
appreciation of the evidence on record modified
the decree of learned Judge Family Court and
accepted...
Issue of dowry articles
“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...
Nikahnama by way of safety and for prolongation of marriage contract,
‘His only contention was that such condition was
embodied in the Nikahnama by way of safety and for
prolongation of marriage contract, as it would deter for both
the parties from brining an end to the marriage contract. This
contention to say the least is absolutely frivolous as it is
against the basic principle of law which requires the parties to
remain in marital ties in a peaceful and tranquil...
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