Record suggests that after giving six opportunities coupled
with cost and last warning, the petitioner has failed to file
written statement and also to pay costs vide order dated
26.11.2013. Keeping in view of above referred circumstances,
learned Judge Family Court while relying upon case law titled
“FAIZ-UL-HASSAN versus Mst. JAN SULTAN and 2 others” (2001 SCMR 1323) struck off the right of...
Stance of the petitioner that nothing in the shape of dowry articles was given to respondent No.1 is not acceptable.
6. The stance of the petitioner that nothing
in the shape of dowry articles was given to respondent
No.1 is not acceptable. It is customary in our society
that parents do give dowry articles to their daughters
merely as a token of love and symbol of honour and the
petitioner has miserably failed to bring on record
anything from which it could be inferred that
something contrary to the settled norms...
Extent of grant of future maintenance to the minors.
4. The petitioner has no objection to the grant
of past maintenance to his minor children/respondents
No.2 to 4. He has only challenged the impugned
decree only to the extent of grant of future
maintenance to the minors. The law does not make
any distinction between “past” and “future
maintenance”. In this regard reliance is placed on the
case of Aurangzeb v. Judge Family Court, Khanewal
and others...
First glance, clause 1(a) of Article 128 appears to pose a difficulty (Qanune-Shahadat )
12. Admittedly, the minor born during the
subsistence of marriage and this proposition has
already been dealt with by the Hon'ble Supreme
Court of Pakistan in a judgment cited as “Ghazala
Tehsin Zohra versus Mehr Ghulam Dastagir” (PLD
2015 SC 327), wherein it has been observed that:-
“We first of all, take up for comment the
provisions of Article 128 ibid. The Article is
couched in language which...
Power to increase the quantum of maintenance allowance suo moto on appeal of the petitioner
4. Learned counsel for the petitioner
submits that the learned Appellate Court has gone
beyond its jurisdiction while increasing
maintenance allowance of the respondents of its
own. He emphatically argued that respondents did
not challenge the findings of the learned Judge
Family Court either through appeal or crossobjections as such findings of the Family Court to
their extent had attained finality...
Court could increase quantum of maintenance allowance of the respondents/minors
8. First of all I would like to dilate upon
the issue whether the Appellate Court could
increase quantum of maintenance allowance of the
respondents/minors in the absence of their appeal
against the decree of the Family Court. In this
context Rule 33 of Order 41 of CPC is very much
relevant which reads as under:-
“ Power of Court of Appeal.--- The
Appellate Court shall have power to pass any
decree...
Lean in favour of adjudication of causes on merits
Reliance is
placed on case reported as Muhammad Arif ..Vs..
Uzma Afzal and others (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,...
Family Court is vested with power to adopt its own course provided
11. Learned counsel for the petitioner
urged that according to Section-17 of the West
Pakistan Family Courts Act, 1964 provisions of
CPC and Qanun-e-Shahadat, Order, 1984 have been
made inapplicable. No doubt according to the said
barring clause provisions of CPC are not stricto
senso applicable in the family disputes but the
Family Court is vested with power to adopt its own
course provided such...
The provisions of Section 7 of the Ordinance have remained controversial
Larger Bench of Hon’ble Supreme Court titled as
“Mst. Kaneez Fatima v. Wali Muhammad and another” (PLD
1993 Supreme Court 901), has held as under:-
“The provisions of Section 7 of the Ordinance have
remained controversial from the very beginning and
there are conflicting views in general about it. In
view of the Constitutional restraints the Courts
cannot give any verdict on the conflicting claims
challenging...
Undertaking given in the Nikahnama that certain property/land
It has
been held by apex court in the case reported as “Mst. Yasmeen
Bibi v. Muhammad Ghazanfar Khan and others”(PLD 2016
S.C. 613) that undertaking given in the Nikahnama that certain
property/land shall be transferred in the name of the wife and she
would be exclusive owner of the same----such an undertaking could
be construed as a part of dower or a gift to wife in consideration of
marriage, therefore,...
Persons jointly entitled or liable must be made parties to the suit
It has also been laid down in the case reported as “Ayesha Bibi
v. Muhammad Faisal and 2 others”(PLD 2014 Lahore 498) as
under:-
“Persons jointly entitled or liable must be made parties to the
suit otherwise same might not result into an effective,
enforceable or binding decree.”
Part Of Judgment
Lahore High Court
Writ Petition-Family-Maintenance
1216-17
2017 LHC 2...
“Section 2(d)---“Party”---Definition---Scope (of West Pakistan Family Courts Act, 1964)
It has been laid down in the case reported as “Muhammad
Arif and others v. District and Sessions Judge, Sialkot and
others”(2011 SCMR 1591) as under:-
“Section 2(d)---“Party”---Definition---Scope----Definition as
given in S.2(d) of West Pakistan Family Courts Act, 1964 has
two parts i.e. (a) any person whose presence as such is
considered necessary for the proper decision of the dispute
and (b)...
DNA test is always conducted with the consent of the person concerned
8. As far as DNA test is concerned, it has been observed in the
case reported as “Mst. Shamim Akhtar v. Additional District
Judge, Gujranwala and another”(PLD 2015 Lahore 500) that DNA
test is always conducted with the consent of the person concerned and
no such consent is available and once consent has not been given,
DNA test could not be conducted. It has also been held in the case
reported as...
Applying the provisions of Section 10(5) of The Muslim Family Courts Act, 1964.
The main contention raised by learned counsel for
the petitioner was that the learned trial court erred in law while applying the provisions of Section 10(5) of The
Muslim Family Courts Act, 1964. However, judgment of
learned Sindh High Court in “RAMJO KOLHI V
SHRIMATI BADI KOLHI and others” (2004 YLR 1666)
can be relied. A learned Family Court allowed Hindu
married couple separation which was...
Solitary statement of wife was sufficient to prove the claim of dowry articles-
In this regard, it has been laid down in the case
reported as “Mst. Shakeela Bibi v. Muhammad Israr and
others”(2012 MLD 756) as under:-
“Solitary statement of wife was sufficient to prove the
claim of dowry articles---Contention of husband that
wife, while making claim for dowry articles, was
required to prove the case in terms of the requirements of
Qanun-e-Shahadat Order, 1984 was not only
misconceived...
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