10. Bare reading of Section 17 of the West Pakistan
Family Courts Act, 1964, revels that Section 11 of the Civil
Procedure Code, is applicable to the Family Cases. However,
under changed circumstances and with the passage of time suit
for enhancement of maintenance allowance has been accepted
by the courts. In this regard reference is made to the judgment
of this court reported as “Ijaz Ahmed through...
It is settled that claim of custody of the minor needs prompt recourse to the legal remedies, which is lacking in case
8. This is not the case of ordinary impression. The
instant case has its own facts and merits. It is admitted
fact that the minor is in the custody of the petitioner
eversince, she was 05 days old. Prima facie it seems that
the minor was handed over to the petitioner by
respondents No.1 and 2 with their own free will. It is also
admitted that the petitioner and his family members are
not strangers...
Provision of law contemplates that a guardian ad-litem shall not be permitted to enter into a compromise with the plaintiff on behalf of the minor without obtaining a prior permission from the Court before which the matter is sub-judice against a minor.,
17. In the case in hand, no such permission was obtained
by the guardian ad-litem before entering into compromise.
Therefore, it was not a valid compromise and cannot bind the
petitioners. In this regard, reference is made to the case reported
as “Mst. Rakhmat Jan Vs. Umar Mehmood (Minor) and
another” (PLD 2013 AJK (HC) 8) wherein it was held as
under:- “The above mentioned provision of law
contemplates...
Father is even liable to maintain a divorced daughter.
12. Similar view was taken by this Court in “Muhammad
Islam Vs. Mst. Rashidah Sultana and 4 others” (2013 CLC 698)
and in “Muhammad Iqbal Vs. Mst. Nasreen Akhtar” (2012 CLC
1407). This court in “Mian Muhammad Sabir Vs. Mst. Uzma Parveen and 2 others” (PLD 2012 Lahore 154) held that father
is even liable to maintain a divorced daughter. It was held in the
case as under:- “The rationale for...
Pronouncement of Talaq is not a pre-condition for the maintainability of the suit for recovery of dower.
22. I am also fortified in my opinion from the view taken by
the Honourable High Court in its authoritative judgments cited
as 2006 YLR 33 (Lahore) {Muhammad Azam versus
Additional District Judge and others} and 2000 CLC 1384
(Lahore) {Dr. Sabira Sultana versus Maqsood Sulqari,
Additional District and Sessions Judge, Rawalpindi and 2
others} where it is held that the dower whether prompt or
deferred...
جہاں بیوی/عورت رہتی ہوگی اسی جگہ فیملی کیس دائر کیا جاسکتا ہے
جہاں بیوی/عورت رہتی ہوگی اسی جگہ فیملی کیس دائر کیا جاسکتا ہے۔ علاقائی اختیار سماعت نہیں دیکھا جائے گا۔ *محمد طارق بنام مسماۃ شاہین* Verified Citation: *PLD 2006 Pesh 189*...
Amount of maintenance is exorbitant and petitioner is unable to pay the said amount as the same has been fixed without considering the financial position of the petitioner.
7. The learned counsel for the petitioner submits
that both the Courts below failed to appreciate the
evidence adduced by the petitioner as respondent No.3
was unable to prove her case as her oral statement was
set of contradictions. No such list of articles of Barri as
relied upon by respondent No.3 was prepared or
handed over to the petitioner at the time of Rukhsati. It
is further complained that...
Act which include matters pertaining to non-Muslims (including Ahmadies) as well as matters which arise out of non-codified personal law
11. The above raised question was already adjudicated upon by this
court in the case reported as Riaz Javaid Vs. Sheraz Ahmed & 4
others (2010 CLC 1925) wherein the learned single judge of this court
held that: “it is abundantly clear that the Family Courts
established under the Act, 1964 embraces personal laws
of all religions and entertain causes relating to matters
mentioned in Para 1...
All concerned that poverty on the part of a lady is no ground to disentitle her from the custody of the minor.
The Hon’ble Supreme Court of
Pakistan in case reported as Mst. Razia Bibi ..Vs..Riaz
Ahmad and another (2004 SCMR 821) almost in the
identical circumstances has observed in the following
terms:- “It is to be noted for all concerned that
poverty on the part of a lady is no ground to
disentitle her from the custody of the minor. The
petitioner lady has been looking after her minor son
since his...
Manifest from the reading of Order II, Rule 3 that a plaintiff can unite in the same suit several causes of action against the same defendant.
15. The Hon’ble Supreme Court of Pakistan has
also allowed joinder of several causes of action against
the same defendant/respondent in Alam Khan and 3
others v. Pir Ghulam Nabi Shah & Company (1992
SCMR 2375) wherein it was held; “It is manifest from the reading of Order
II, Rule 3 that a plaintiff can unite in the
same suit several causes of action against
the same defendant. Needless to...
Rules of personal law would be subservient to the welfare of the minor.
13. For the above discussion, seeing from
whatever angle welfare of the minor lies in custody of the
petitioner particularly in view of the law laid down by the
Hon’ble Supreme Court of Pakistan in the case reported as
Firdaus Iqbal ..Vs.. Shafaat Ali and others (2000 SCMR
838) that the rules of personal law would be subservient to
the welfare of the minor. Part of Judgment : IN THE LAHORE...
The Code is framed on the scheme of providing generally for the mode in which the High court is to exercise its jurisdiction, whatever it may be while, specifically excepting the powers relating to the exercise of original civil jurisdiction, to which the code is not to apply.
11. In this regard although the Civil Procedure
Code 1908 (CPC) is not applicable to the suits filed
under West Pakistan Family Courts Act, 1964, however
High Court in its extra ordinary Constitutional
jurisdiction can recourse to CPC as an enabling tool. In
this regard reference is made to the decision of Hon’ble
Supreme Court of Pakistan in Hussain Bakhsh v.
Settlement Commissioner, Rawalpindi and...
Provisions of West Pakistan Family Courts Act, 1964 are equally applicable to all Muslims and Non-Muslims regardless of their faith and personal law.
7. On the other hand learned counsel appearing on behalf of
respondent No.1 vehemently supported the orders and the judgment of
the Family Court. Learned counsel while relying upon Mst.Noreen
Iqal Vs Sohail Iqbal and others (2005 CLC 1472) submits that
provisions of West Pakistan Family Courts Act, 1964 are equally
applicable to all Muslims and Non-Muslims regardless of their faith
and personal law. Part...
Condition of deposit of minor’s allowance is not against the provision of law as under Section 17-A of the West Pakistan Family Courts Act, 1964 a Family Court has the power to pass an order for interim maintenance.
18. Keeping the above in mind, when the order
dated 04.04.2009 is examined, it is found that the
appeal was dismissed solely on the ground that
petitioner had failed to deposit the maintenance of
minor as per direction of the court. This condition of
deposit of minor’s allowance is not against the
provision of law as under Section 17-A of the West
Pakistan Family Courts Act, 1964 a Family Court has
the...
Filing the suit for dissolution of marriage and same belied the prosecution story as narrated in the F.I.R
In this regard I respectfully refer the case of Majid Khan v. Sessions Judge, Kasur and 5 others (2014 P.Cr.L.J. 903) wherein it has been observed as under:- “Since nikah with the petitioner is admitted by Nadia Aslam, the alleged abductee by filing the suit for dissolution of marriage on 22.6.2012 and same belied the prosecution story as narrated in the F.I.R., she cannot be permitted...
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