(a) Constitution of Pakistan (1973)-.Art. 199 -Muhammadan Law-Khula-Beauty by itself though not relevant consideration in considering khula yet considered with other circumstances ugliness, physical aversion and disparity of age, held, relevant factors for deciding khula [Muhammadan Law-Khula'].(b) Constitution of Pakistan (1973)--- Art. 199 read with Muhammadan Law-Khula'---Finding reached...
Moral obligation to maintain and support his minor daughter as per injunction of Islam
9. Besides the above referred guidelines, I have also gone through the judgment of the
Lahore High Court reported as PLD 2016 Lahore 73 (Ali Adnan Dar v. Judge Family Court),
wherein it has been held that: Father was under legal as well as moral obligation to maintain and support his minor
daughter as per injunction of Islam. It has further been observed in the abovementioned case law that: The...
Issue in discussion and held 'Khula' would amount to single divorce and the parties can rejoin after solemnization of Nikah.
7.In the case of Muhammad Ayoub Khan v. Mst. Shehla Rasheed (PLD 2010 Karachi 131) similar question had arisen and Madam Rukhsana Ahmed, J (as the then She was) elaborately dilated on the issue in discussion and held 'Khula' would amount to single divorce and the parties can rejoin after solemnization of Nikah. In concluding para it was held that:--"For the foregoing reasons, while keeping in...
Guidelines have been set in supra judgment regarding fixation of interim maintenance of minor,
13. I have also gone through the judgment rendered by the Hon'ble Lahore High Court
reported as PLD 2016 Lahore 73 (Ali Adnan Dar v. Judge Family Court, and others),
wherein it has been held that if the father found that the interim maintenance was excessive
or order suffers from any illegality, irregularity or is arbitrary, fanciful, and void ab initio
without jurisdiction or same had attained the...
The interim maintenance has been fixed only after tentative assessment status of the petitioner and expense being incurred on the education and ther necessities.
10. Likewise, in another judgment reported as 2011 MLD 1105 Lahore (Amir Mehmood
Hussain v. Niha Amir Syed), it has been held that: The interim maintenance has been fixed only after tentative assessment status of the
petitioner and expense being incurred on the education and ther necessities.Part of Judgment : JUDGMENT SHEET IN THE ISLAMABAD HIGH COURT, ISLAMABAD Dr. Aqueel Waris VS...
Enhanced dower amount on the basis of an agreement after the Nikah can be claimed through family suit and not thuough civil suit
9. Both the parties relied uPon case law reported as
Ameer Ali Khan Vs. Kishwar Bashir (PLD 2004 S.C 746),
wherein it was held that the enhanced dower amount on the
basis of an agreement after the Nikah can be claimed
through family suit and not thuough civil suit. Part of Judgment : JUDGMENT SHEET IN THE ISLAMABAD HIGH COURT, ISLAMABAD Raja Muhammad Khalil Akhtar VS Mst. Nadia MirWrit...
Endorsed the position regarding talaq and suit for declaration
23. The section ibid provides that any person entitled to
any legal character or to any right as to any property, may
institute a suit against any person denying, or interested to
deny, his title to such character or right. In the present case,
the petitioner seeks decree to the effect that the respondent
No.3 is no more his lawfully wedded wife and that she be
restrained to claim as such after the...
Marked difference between suit for dissolution of marriage and suit for jactitation of marriage ..
14. The Hon‟ble Federal Shariat Court in “Muhammad
Anwar V. Mst. Shagufta Ahmad and 2 others” (2004 P.Cr.LJ
1071) held that:- “here is marked difference between suit for
dissolution of marriage and suit for jactitation of
marriage; whereas in the former suit existence of
valid marriage is admitted by the wife and decree is
sought by her for its annulment/dissolution from the
Qazi/Judge, Family...
Declaratory suits of any nature, or any other civil litigation between a wife and husband shall be amenable to the special jurisdiction of the family Court, which is not intent of the law.
The Hon‟ble Supreme
Court of Pakistan resolved this conflict in a judgment
reported as PLD 2011 SC 260 by approving the case of
Mohammad Akram (supra) in the following manner:- “Thus the interpretation of entry No.9 ibid as provided
by Mohammad Akram v. Mst. Hajra Bibi and 2 others
(supra) is the correct explication of law, which is
hereby approved. However adding thereto, it may be
held that...
Nikahnama is forged and has a cause of action about adjudgment of Nikahnama, would be a cause of action under Section-5 of the Act, 1964.
The Hon‟ble Lahore High Court in case of “Irshad
Ahmad V. Muhammad Sharif and another (PLD 2006 Lahore
260), in an irresistible manner expounded that “when
anyone of the parties i.e. husband/wife alleges that
Nikahnama is forged and has a cause of action about
adjudgment of Nikahnama, would be a cause of action under
Section-5 of the Act, 1964.” Part of Judgment : JUDGMENT SHEET
IN...
Transfer of ownership of property in inheritance is not dependent on sanction of mutation
Download Link PDF: https://www.supremecourt.gov.pk/downloads_judgements/c.p._989_2015.pdf The Court while dealing with the claim of the
petitioner in the inheritance of her father
observed: “[P]etitioner, claiming her share in
the legacy left by her father, was on the basis
of operation of law and not on the basis of
any mutation. … [M]utation is not a
document of title. The sole purpose of a
mutation...
Right to custody (Hizanat) of a child cannot be surrendered: agreement containing such terms is against law, injunctions of Islam, and public policy
Download Link PDF: https://www.supremecourt.gov.pk/downloads_judgements/c.p._4129_2019.pdf The Court while dealing with the questions
whether a mother can, by an agreement, give
up her right to the custody (Hizanat) of her
child, and whether such an agreement is valid
and enforceable under the law, held:
“Muslim personal law prescribes rules of
hizanat (custody); a mother in whom hizanat
vests...
It is settled law that in absence of a jurisdictional defect this Court in the exercise of its constitutional jurisdiction normally does not interfere in concurrent findings of fact arrived at by the learned Courts below unless a case of grave miscarriage of justice is made out.
12. Needless to add that it is a case of concurrent
findings of fact. It is settled law that in absence of a
jurisdictional defect this Court in the exercise of its
constitutional jurisdiction normally does not
interfere in concurrent findings of fact arrived at by
the learned Courts below unless a case of grave
miscarriage of justice is made out. Reliance is placed
on the judgments reported as Waqar...
The schedule cannot be amended and the names of the witnesses cannot be added under section 7(2) of the Family Courts Act.
9. I have gone through the judgment cited by the
learned counsel for the petitioner, which is reported as
“Muhammad Ajkram v. Mst. Shakeela Bibi and
others”(2003 C L C 1787) in which it was held as
under:- “The bare reading of this section shows that the
learned Judge Family Court is restrained by law
not to allow additional evidence or add names of
witnesses in the schedule. The provisions are
mandatory....
Submitted Schedule/List of witnesses in terms of Section 7 of the West Pakistan Family Courts Act, 1964.....
6. In support of the petition, learned counsel for the
petitioner submits that once the plaintiff/respondent
No.2 submitted Schedule/List of witnesses in terms of
Section 7 of the West Pakistan Family Courts Act, 1964,
she stood precluded from filing amended Schedule of
witnesses. In order to fortify his submissions, he has
heavily placed reliance upon the judgment reported as
“Muhammad Ajkram v....
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