8. Bridal gifts fall within the ambit of personal
property and belongings of a wife i.e. Item No.9 of the
Schedule in terms of Section 5 of the Family Courts
Act, 1964 which confers exclusive jurisdiction upon
the Family Court to hear the claim of such matters.
The term “personal property and belongings of a wife”
has already been explicated by this Court in the case
titled Muhammad Akram v. Hajra...
Entitled to recover the same as per condition mentioned in column No. 17 of the Nikah Nama.
13. Now I advert to the legal objection raised by the learned
counsel for the petitioner that the learned Judge Family Court was not
competent to decide the claim of respondent No. 3 for recovery of
5-tolas gold ornaments mentioned in column No. 17 of the Nikah
Nama. He has placed reliance on judgment of this Court reported as
“Muhammad Awais Vs. Mst. Zahida Parveen” (PLD 2012 Lahore
38). In the referred...
Dower becomes payable on dissolution of marriage either by death or divorce
10. It has been contended on behalf of the petitioner that respondent
No. 3 was not entitled to recover the alleged amount of deferred
dower Rs. 2,00,000/- during the subsistence of marriage as deferred
dower becomes payable on dissolution of marriage either by death or
divorce and both the lower courts have committed illegality while
granting the said relief in favour of respondent No. 3. He has...
Ornaments were recorded in the Nikah Nama later on, whereas, no dower was fixed at the time of Nikah; that the suit
6. Learned counsel for the petitioner contended that as the
marriage of respondent No. 3 with the petitioner was intact at the time
of filing of suit and passing of decree, therefore, the respondent No. 3
was not entitled to recover the alleged deferred dower from the
petitioner. In this respect he has placed reliance upon judgment of
Hon’ble Supreme Court of Pakistan reported as “Saadia Usman and
another...
The provisions of Civil Procedure Code, 1908 as well as Qanun-eShahadat Order, 1984 are not applicable in stricto senso to the proceedings before the Family Court by virtue of Section 17 of the Family Courts Act, 1964.
14. It is a settled principle of law that purpose of
enacting the special law regarding family disputes is
to advance justice and to avoid technicalities, which
are hindrance in providing ultimate justice to the
parties. The West Pakistan Family Courts Act, 1964
was promulgated for the expeditious settlement and
disposal of disputes relating to the marriages and other family affairs and...
Recover the dower amount Rs. 2,00,000/- which was not paid to her by the petitioner; that the learned Family Court was competent to adjudicate upon the claim
7. On the other side, learned counsel for respondent No. 3 argued
that respondent No. 3 was subjected to torture and she was turned out
by the petitioner from his house and the learned trial Court has rightly
granted her maintenance allowance; that respondent No. 3 was fully
entitled to recover the dower amount Rs. 2,00,000/- which was not
paid to her by the petitioner; that the learned Family Court...
Column No. 17 of Nikah Nama as it falls out of ambit of Section 5 and Schedule of West Pakistan Family Courts Act, 1964.
14. In the present case as per record 5-tolas gold ornaments are
mentioned in column No. 17 of the Nikah Nama (Ex. PI) and in
column No. 16 of the Nikah Nama it is clearly mentioned that no
property was given in lieu of dower. Therefore, the alleged claim of
respondent No. 3 that 5-tolas gold ornaments were mentioned in the
Nikah Nama as consideration for dower remains unproved. It has been
clearly...
Specifically stipulated in clause 20 of the Nikahnama.
After
solemnization of Nikah respondent became legally
wedded wife of the petitioner, therefore, he was
bound to maintain her irrespective of the fact that
marriage was consummated or not and particularly
when a specific stipulation was made in the
Nikahnama. Reliance is placed on case reported as
Mst. Shamim Akhtar ..Vs.. Additional District
Judge, Sialkot and another (1991 CLC 1142)
wherein it has...
Under section 7 of the Muslim Family Laws Ordinance and it required notice and did not become effective till 90 days expired after such notice
7. It is argued by the learned counsel for respondent
No.1 that oral Talak is not effective as no notice was
given by him and the concerned Union Council has not
issued a certificate of effectiveness of Talak. This
argument is fully answered by august Supreme Court of
Pakistan in a case reported as “Ghulam Shabir Shah v.
The State” (1983 SCMR 942) held as under:- “We notice that the learned counsel...
Family Court to determine the paternity of the minor.
7. The question of paternity cannot be determined
by the Judge Family Court and as such the learned
District Judge in appeal could not remand the case to
learned Judge Family Court to determine the paternity
of the minor. Reliance is placed upon the judgment
reported as “Iftikhar Hussain and another v.
Muhammad Aslam and others” (1991 MLD 1500).Part of Judgment : IN THE LAHORE HIGH COURT LAHOREWP-...
Notice of Talaq to the Chairman under section 7 of the Family Laws Ordinance
9. In a case reported as “Allah Dad v. Mukhtar and
another” (1992 SCMR 1273) it was held as under:- “The question of the notice of Talaq to the
Chairman under section 7 of the Family Laws
Ordinance was also decided by all these Courts
in favour of the respondents and it was held that
even in the absence of such a notice, the Talaq
has become effective. Reliance, in this respect,
was placed on...
Oral Talaq even if proved is invalid since no notice under section 7 of Muslim Family Laws Ordinance, 1961
11. In another case reported as “Mst. Batool Bibi v.
Muhammad Hayat and another” (1995 CLC 724) it is
held that:- “The objection of learned counsel for respondent
No.1 that oral Talaq even if proved is invalid
since no notice under section 7 of Muslim Family
Laws Ordinance, 1961 was given by respondent
No.1 to Chairman, Union Council or to the
petitioner is not sustainable. It has been held in
case...
Oral Talaq would be effective and binding in spite
10. In a case reported as “Fida Hussain v. Mst.
Najma and another” (PLD 2000 Quetta 46) relying
upon “Mirza Qamar Raza v. Mst. Tahira Begum and others”, (PLD 1988 Kr. 169) and (PLD 1988 FSC 42),
it was held that:- “In view of above position oral Talaq would be
effective and binding in spite of its noncompliance with mandatory requirement of
section 7 of the Muslim Family Laws Ordinance,
1961.” ...
Only a civil court which can adjudicate upon the paternity of minor
8. The learned District Judge, Gujrat has exceeded
his jurisdiction because he can only exercise jurisdiction
vested under Family Courts Act, 1964. The learned
Judge Family Court as well as the court of learned District Judge is not a court of civil jurisdiction as
understood in Code of Civil Procedure. It is only a civil
court which can adjudicate upon the paternity of minor.
Reference may be...
Quran pertain to a period before the pronouncement of ‘Talaq’ or that an official or other person cannot be designated
8. In case reported as “Muhammad Sarwar and
another v. The State” (PLD 1988 Federal Shariat
Court 42) it was held as under:- “We have gone through the judgment in Mirza
Qamar Raza and appreciate that the
effectiveness of the ‘Talaq’ cannot be subjected
to the service of notice on the Chairman. The
observations of the learned Judge that the
reconciliation efforts ordained in Quran pertain
to a...
The definition of “actionable claim” in the TPA
14. As far as the claim of petitioner No.1 with regard
to recovery of Rs.100,000/- on the basis of condition No.16 in the nikahnama is concerned. Reliance is placed
on a celebrated judgment of Hon’ble Supreme Court of
Pakistan reported as “Syed Mukhtar Hussain Shah v.
Mst. Saba Imtiaz and others.” (PLD 2011 Supreme
Court 260), the relevant portion is reproduced as under:- “The definition...
Subscribe to:
Posts (Atom)
Powered by Blogger.
