In the case of
Mst. Ramzan Bibi v. Additional District Judge and others (1995
CLC 1506) it has been held that when there is nobody
identifying the bride, marriage is invalid.
Part of Judgment
Lahore High Court
Family
3812/19
2020 LHC...
Alleged Nikah Nama, were product of fraud and misrepresentation
Now coming to the contention of the petitioner that her
signatures and thumb impression, on the alleged Nikah Nama,
were product of fraud and misrepresentation, I am of the
humble view that that when a party alleges a specific fact it is
bound to prove the same. Reliance in this regard can be placed
on the cases reported as Allah Bakhsh and others v. Bakhsha
and others (2003 SCMR 1011), Noor Muhammad...
Right of talaq vested with a husband under the Sharia
In a case reported as “Farah Khan v. Tahir Hamid Khan and
another” (1998 MLD 85) it has been held that:-
“Even if it is presumed that the Arbitration Council
had no jurisdiction to entertain the notice of Talaq
given by respondent No.1 under the provisions of
section 7 of the Muslim Family Laws Ordinance,
1961, the right of talaq vested with a husband under
the Sharia has not been taken away from...
Family suit, who was duly served,
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 of fair
hearing and trial---Defendant of a family suit,...
Which case the obligation of the father is extended for his adult son as well.
In a judgment pronounced by the apex
court cited as “Humayun Hassan Vs. Arslan
Humayun, etc.” (PLD 2013 SC 557), it has
been observed as under:
“From the above it emerges, that
subject to the conditionalities mentioned
therein a father in the normal course is
bound to maintain his son(s) only till the
time he attains the age of puberty, however,
there is an exception to this rule, and that is
the...
Judge Family Court/Executing Court was fully equipped with the powers
So far as argument of the counsel for the
respondent that Family Court could not review
its own order is concerned, suffice it to say that
Family Court is a quasi-judicial forum, can
regulate its own procedure, the only exception
is that it must not be in contravention to any
settled principle of law and may not cause in
justice to the parties, therefore, Judge Family
Court/Executing Court was fully...
Applicability of Civil Procedure Code has been excluded in terms of Section-17
Although mode of execution has explicitly been
provided in the afore-cited provision and the applicability of
Civil Procedure Code has been excluded in terms of Section-17
of the Act ibid however, by now it has become an established
law that Family Court might follow the procedure as contained
in the Civil Procedure Code for execution of a decree. Reliance is placed on “Muhammad Ramzan v. Ali...
Wording in which subsection (3) of section 13 of West Pakistan Family Courts Act, 1964
“Muhammad Amin v. Judge, Family Court, Sahiwal and 3
others” (2015 YLR 316) wherein it has been discussed as:-
“The very wording in which subsection (3) of section
13 of West Pakistan Family Courts Act, 1964 is
couched makes it obvious that the money decree is to
be recovered as arrears of land revenue only if the
Court so directs at the time of passing the decree.
And if no such direction...
Appeal from an interim order cannot be bypassed
Statute excluding a right of appeal from an
interim order cannot be bypassed by bringing under attack such
interim order in constitutional jurisdiction. Reliance is placed
on a case reported as “Syed Saghir Ahmad Naqvi v. Province of
Sindh through Chief Secretary, S&GAD, Karachi and another.”
(1996 SCMR 1165).
Part of Judgment of
Lahore High Court
Writ Petition-Family-Maintenance
26271-12
2017...
Chairman does not render the divorce ineffective
Judgment “Mst. Zahida
Shaheen and another v. The State and another” (1994 SCMR
2098), Hon’ble apex Court has further elaborated the
effectiveness in following terms:-
“Failure to send a notice to the Chairman
does not render the divorce ineffective”
Part of Judgment of
Lahore High Court
Writ Petition-Family-Maintenance27820-13
2017 LHC 2...
Surety is relinquished and he cannot be held liable for satisfaction of the decree.
Learned counsel for the petitioner contends that
when the judgment debtor is available and was also sent to
imprisonment by the learned Executing Court, therefore, the
liability of surety is relinquished and he cannot be held liable for
satisfaction of the decree. He relied upon “Muhammad Ramzan
vs. Ali Hamza and others” (PLD 2016 Lahore 622).
Used in Judgment of
Lahore High Court
Writ Petition-Family-Miscellaneous
9483-17
2017...
Real concept of welfare of minors,
Likewise in 1998 MLD 1697, it has
further been held that:
“It is not the duty of the Guardian Judge to
find out the right of mothers or fathers
regarding custody of minors but the real
duty of the concerned Court is to search
out in whose custody the welfare of minor
lies. Large number of facts have to be
taken into consideration with reference to
the real concept of welfare of minors, such
as...
Question of custody on the basis of welfare of minors
Reliance is placed on case reported as “Mehmood
Akhtar v. District Judge, Attock and 2 others”. (2004
SCMR 1839) wherein it has been laid down as under:-
"The right of custody of minor is not an
absolute right rather it is always subject to
the welfare of the minor. The Court in the
light of law, on the subject and facts and
circumstances of each case considers the
question of custody on...
Mother contracting marriage, has right to retain the custody of minors-
So far as the re-marriage of respondent No.1, it has been specifically laid down in PLD 2000 Peshawar 23, which reads as under:-
“Ss. 17 & 25—Retaining the custody of
minor children---Mother contracting
marriage, has right to retain the custody of
minors---Scope----Marriage of mother with
a person not related to the minors and who
was a stranger, would not disentitle and
disqualify her to retain...
Mother of minor had re-married to a stranger
Much stress has been laid down by the
petitioner counsel that mother of minor had re-married
to a stranger real father was the most suitable person to
take care of a girl. Reliance is placed on the cases
reported as “Mst. Shaheen Bibi (Nusrat Shaheen) v.
Zulfiqar Ali Shah Kazmi and 2 others” (1995 CLC
306) and “Mst. Rani v. Bilal Ahmad and 2 others”
(2000 MLD 1967).
Part Judgment of
Lahore...
Re-marriage of the mother did not disqualify her for the custody
So far as the re-marriage of respondent
No.1, it has been specifically laid down in PLD 2000
Peshawar 23, which reads as under:-
“Father neither had any source of income, nor
he owned any property----
Mother was
graduate and a teacher in a school of good
standard and was leading a responsible life
and there was nothing on record to indicate
that she was woman of bad character---
Application for...
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