1.[2017 CLCN 22]2. Right of cross examine to a defendantwho failed in filing written statement cannot be denied.[2012 CLC 1361]3. Family court cannot sit as spectator if thedefendant fails to file written statement. Thefamily court can exercise its exclusivejurisdiction under the law in sucheventuality.[2010 CLC 797]4. The act of the petitioner wascontemptuous who did not file the writtenstatement...
-Contribution for payment of school fees of minors--Working lady--Financial capability--Question of--Whether course adopted by Family Judge and affirmed by appellate Court qua fixation of maintenance, to be paid by petitioner/father in accordance with evidence on record besides law on subject--
PLJ 2021 Islamabad 23Family Courts Act, 1964 (XXXV of 1964)------Ss. 7 & 17(a)(4)--Constitution of Pakistan, 1973, Art. 199--Suit for recovery of maintenance allowance and suit for recovery of dower--Suit for maintenance was partially decreed and suit for recovery of dower was dismissed--Petitioner was jobless--Contribution for payment of school fees of minors--Working lady--Financial capability--Question...
Expeditious settlement and disposal of disputes relating to marriage and family affairs and for matters connected therewith
The Family Court Act 1964 (W.P. Act XXXV of 1964) (the Act) was enacted for “…… expeditious settlement and disposal of disputes relating to marriage and family affairs and for matters connected therewith”; provisions of the Qanun-e-Shahadat Order, 1984 (P.O. No.10 of 1984) and those of the Code except sections...
نکاح نامہ میں شوھر پر بیوی کو طلاق دینے کی صورت میں ہرجانہ کی ادائیگی کی شرط غیر شرعی اور غیر قانونی ھے۔ اور عدالت طلاق دینے کی صورت میں نکاح نامہ میں درج معاوضہ طلاق شوہر کے خلاف ڈگری نہ کرسکتی ھے
PLJ 2021 Lahore 485Conditions mentioned in Column No. 16 of Nikahnama--Claim of recovery of Rs.500,000/- by the respondent/plaintiff from the petitioner/defendant on the ground of second marriage--it was mentioned in the Clause 19--Allah Almighty in Holy Qur’an has delegated uncovenanted powers to the husband to pronounce Talaq to his wife in...
No one can be appointed guardian in father’s place unless father is found unfit to serve as guardian of his child, and onus to establish that father is unfit is on person bringing such claim.
PLJ 2021 Islamabad 110Guardian and Wards Act, 1890 (VIII of 1890)------Ss. 7 & 17--Constitution of Pakistan, 1973, Art. 199--Application for appointment as guardian--Dismissed--Appeal Dismissed--Visitation rights--Distinction between custody and guardianship--Right to supervising upbringing of minor son--Right to removal of minor--Interference...
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