4. There can be no cavil with the proposition that the
maintenance issue(s), in relation to Muslim relatives shall be
governed and regulated by the principles/injunctions of Islam i.e. as per the personal law of the parties. In this
context, according to section 369 of the Muhammadan Law
by D.F. Mullah, maintenance means and includes food,
raiment and lodging. However, it may be observed that...
Haq Mahr (Dower) is the sole property of the wife
By following the ordains of Allah Almighty and relying upon
the judgments reported in the cases of Haji Ajab Gul and 3
others Vs: Rahim Gul and 28 others (1991 SCMR 2500), Mst.
Bakht-e-Rawida Vs: Ghulam Habib and 2 others (PLD 1992
Karachi 46) and Mst. Manzoor Elahi Vs: Muhammad Nawaz
(2002 MLD 988),
It can safely be held that the Haq Mahr (Dower)
is the sole property of the wife and neither parents...
Attachment of the property in dispute.
“We have heard the learned counsel for the petitioner at
length. We find that there is no evidence on record to
prove the genuineness and authenticity of the alleged
agreements to sell dated 10.10.1996 and 30.6.1998
purported to have been executed by the judgment-debtor
and by Muhammad Ashraf respectively in respect of the
sale of the attached property. The sale-deed was allegedly
executed on 02.6.1999...
Family Court as well as the Appellate Court,
The
assessment and appraisal of evidence is the function of the Family Court
as well as the Appellate Court, which is vested with exclusive jurisdiction
in this regard and this Court in its constitutional jurisdiction has to see
whether there is any jurisdictional defect, misreading, non-reading or
illegality in the judgments passed by the courts below.
Reliance in this
regard is placed...
How the law grows and this is how the jurisprudence advances.
”(2012 SCMR 1258) it is held
that: -
“ This Court has consistently held that if a lis involving a
disputed question of fact is decided, it has to be decided on
proper appraisal of evidence and that if a lis involving
appreciation or interpretation of law is decided, it has to be
decided in accordance with the well recognized principles laid
down by this Court from time to time. Justice at no cost...
Suit for recovery of dowry articles
It is a matter of observance that in
family disputes, particularly in suit for recovery of
dowry articles in most of the cases both the parties
try to conceal true facts qua its quantity , therefore, it becomes the duty of the Court to decide the
controversy in a manner so that no injustice could
be done to either side. In order to fulfill this
obligation a Family Court being a quasi judicial
forum...
CPC are not to be followed by the Family Court in execution of a money decree
Bare reading of the above provision
makes it abundantly clear that for enforcement of a
money decree the learned Executing Court is
empowered to recover the decretal amount as
arrears of land revenue. In the West Pakistan Land
Revenue Act there are various modes for recovery
of land revenue are provided and one of the mode is
to sale out the property of the defaulter which was
adopted by the learned...
Father or mother to retain the custody of minor
(PLD 2003 Supreme Court 877) that
“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...
Failed to produce any valid receipts to substantiate her claim is concerned
So far as the contention of the
petitioner that the respondent has failed to produce
any valid receipts to substantiate her claim is
concerned, suffice it to observe that the articles
contained in the list (except gold ornaments) are of
ordinary nature and usually given to a bride at the
time of marriage, as such non-submission of its
receipts are not fatal.
Reliance is placed on case
reported as...
Claim relief only when
(2011 SCMR 374) wherein it
has been laid down as under:-
“There is no cavil to the proposition that
the “conduct of petitioner can be taken into
consideration in allowing or disallowing
equitable relief in constitutional jurisdiction. The
principle that the Court should lean in favour of
adjudication of causes on merits, appears to be
available for invocation only when the person
relying...
Remain with a person who was looking after the child
In the case of Muhammad Ashraf v. District Coordination Officer,
Lahore and 2 others (PLD 2006 Lahore 219) while dealing with a matter
of custody of an abandoned child, the child was allowed to remain
with a person who was looking after the child for the past 10
months, taking into account emotional attachment of the child. The
welfare of the minor includes material, physical, emotional and the
psychological...
Welfare of the minor
The learned trial Court while passing the impugned order
seems to be over impressed with the monetary resources of the
respondents. This is not the only criterion for the welfare of the
child. The Court should decide such a matter by evaluating all the
attending factors. In the case of Abdul Majeed v. Additional District
Judge, Talagang and 2 others (2009 CLC 1143), it was held that the
welfare of...
Insufficient to rebut the version of the plaintiff/respondent,
“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...
Petitioner has been hiding and creating hurdles
(PLD 1962
(W.P.) Lahore 558) upheld in PLD 1963 SC 51 (same
parties) is that the reading of “Segheas” in presence of
parties is a part of substantial law, which has been followed
by reading the “Segheas” before an “Alim” under authority
since, keeping the facts and circumstances of the case, the
petitioner has been hiding and creating hurdles against the
mandatory provision of law. In my humble view,...
5% annual in their maintenance allowance
“In view of the above mentioned, this appeal is partly
allowed. The annual increase of 20% over and above
the maintenance allowance of Rs.3000 per month per
child ordered by the Family Court affirmed by the
appellate Court and High Court is reduced to 5%
annual increase with an observation that minors can
always approach the Family Court for the increase in
their maintenance allowance due to any...
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