Dictum laid down in 1997 MLD 965 reads as
under:
“Minor’s mother being employed as teacher in
Education Department, in spite of her second
marriage could took well after her children as
compared to minors grand-paternal mother,
grand-maternal mother and paternal aunt---
welfare of minors was the supreme
consideration in cases of guardianship.”
Part Judgment of
Lahore High Court
Writ Petition-Family-Guardianship
5828-13
2017...
Petitioner never stood surety or guarantor on behalf of the judgment debtor
5. It is established from the record that
the petitioner was not party in the suit. It is
also established from bare perusal of the
execution petition that the same was filed
against Muhammad Nasir, judgment-writer.
It is also established from the record that no
decree has been passed against the
petitioner. The petitioner never stood surety
or guarantor on behalf of the judgment debtor. The petitioner...
Nikah Nama whether the same are mentioned as dower or undertaking for the satisfaction of dower
Yet, another aspect of the entry of column No. 16 is also
discussed in a recent judgment titled “Mst. MITHAN versus
ADDITIONAL DISTRICT JUDGE, JATOI and 7 others” (2017 MLD
1101), where this Court in depth examined the validity of entry of
column No. 16 envisaged in the Nikah Nama. The observation
rendered by my learned brother is that after the insertion of item
No.10 of amendment of Schedule of...
Family Court empowered to strike off defendant's defence and pass ex parte decree
Reliance is placed on
“Muhammad Tabish Naeem Khan v. Additional District
Judge, Lahore and others” (2014 SCMR 1365), relevant
portion is reproduced herein below:-
“Family Court empowered to strike off defendant's
defence and pass ex parte decree---Scope---Family
Court was a quasi-judicial forum, which could draw and follow its own procedure, provided such
procedure was not against the principles...
Section 14 of the Family Court Act provides that decision given under Family Court Act is appealable.
4. On the other hand, learned counsel for
respondent No.2 has vehemently opposed the contentions
advanced by the learned counsel for the petitioner mainly
on the ground that Provisions of Guardian and Wards Act
cannot be read in isolation and combined reading of Family
Court Act will lead to a conclusion that in fact Section 14 of
the Family Court Act provides that decision given under
Family Court...
Extent of maintenance allowance
Learned counsel for the petitioner at the very outset states
that he do not challenge the validity of impugned judgment and
decree to the extent of maintenance allowance as already expressed
by him before this Court on 04.08.2017. However, he challenges the
validity of impugned judgments and decrees passed by the Courts
below to the extent of alternate value of dowry articles as well as
dower in...
Any illegality or error in the impugned judgments and decree passed by the Courts below
Since this is a case of concurrent findings and in the
constitutional jurisdiction, it is mandatory for the petitioner to specify
a jurisdictional defect or error with regard to the judgments of lower
fora but the petitioner has failed to point out any illegality or error in
the impugned judgments and decree passed by the Courts below.
Hence, by relying upon the dictum laid down in “Waqar Haider Butt.
Vs....
Terms of Section 14(3) appeal before the learned District Judge
Learned counsel for the petitioner has mainly
argued that in terms of Section 14(3) appeal before the
learned District Judge was incompetent; therefore,
impugned order is coram non judice, without jurisdiction In this regard, he has relied on “Mst. Sabira Sultana v. Asif
Firdous” (2011 YLR 1543), “Shamim Ara v. Bakhtawar
Gul and 2 others” (2012 CLC 1881). Learned counsel for
the petitioner further...
Law that action for recovery of decretal amount
this the citation titled “AMANULLAH KHAN versus DISTRICT
JUDGE and 3 others” (2012 CLC 679) has also discussed the
supra situation which is as under: -
“It is manifest from the perusal of above mentioned
provisions of law that action for recovery of decretal
amount can validly be taken against a surety of a
defaulter. The petitioner stood as a surety. He was under
no obligation to bind himself...
Settled principle of interpretation of statues
8. It is settled principle of interpretation of statues
that the statute which is later in time shall prevail. Reliance
is placed on “Messrs Mehraj Flour Mills and others v.
Provincial Government and others” (2001 SCMR 1806),
“Suo Motu Case No.13 of 2007”(PLD 2009 SC 217) and
“Aley Nabi and others v. Chairman, Sindh Labour Court
and another”(1993 SCMR 328).
Used in Judgment of
Lahore High Court
Writ...
Nikah can be entertain-able by the Judge Family Court?”
7. At the first instance with regard to issue of dower, it has
to be examined that:-
“Whether the entry of column No.16 of Purt Nikah
can be entertain-able by the Judge Family Court?”
The columns No. 13 to 16 of Nikah Nama, which relates to dower,
shows that in these specific columns, anything mentioned therein is
the dower or the part of dower. The specific question whether the
entry of column...
Handing over custody of the minor during the summer vacations
12. So far as the argument of learned counsel for
the petitioner that family Court could not pass the order
dated 25.06.2016 whereby application filed by respondent
No.2 for handing over custody of the minor during the
summer vacations was illegal on the ground that when the
application already decided no fresh application could be
entertained. In this regard, it is observed that the Guardian
Judge...
Learned Guardian Judge/Judge Family Court under Section 12 of the Guardian
learned Guardian Judge/Judge Family
Court under Section 12 of the Guardian and Wards Act was
a decision or an interim order. This Court while confronted
with the similar situation had already pronounced that such
order falls within the purview of “decision given” and is
appealable under Section 14 of Family Court Act. 1964.
Reliance is placed on “Mst. Zaibun Nisa v. Muhammad
Mozammil” (PLD...
Suit for maintenance under Section 17- B
10. Learned counsel for the petitioner has relied on
“Mst. Sabira Sultana v. Asif Firdous” (2011 YLR 1453).
This judgment does not relate to a case of Guardianship and
is a dispute pertaining to maintainability of appeals against
an order passed in a suit for maintenance under Section 17- B which was under discussion, therefore, this judgment is
inapt
Used in Judgment of
Lahore High Court
Writ...
Under Rule 5(6) of the West Pakistan Rules 1961
(PLD 1995 S.C. 633). He further
submits that under Rule 5(6) of the West Pakistan Rules 1961
(Rules), all decisions of the Arbitration Council are taken by
majority and where no decision could be taken with majority,
the decision of the Chairman shall be the decision of
Arbitration Council. He submits that in present case neither
the majority decision was taken nor it is case of no decision
by Members...
Option to appeal by virtue of section 14
"Now, I advert to the plea of learned counsel for
the petitioner thut since the orders impugned
heriin are of far rcuching consequences they can
be challenged by means of a Constitutionul
petition.
.,Assuming for the sake of arguwent that
-these
orders would have lot of beating on the fate
of the case, of the whole gamut of dispute between
the parties. Final decision on the suit would be
option...
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