پاکستانی قانون میں عورت کو یہ حق حاصل ہے اگر وہ اپنے شوہر کے ساتھ نہیں رہنا چاہتی اور اس کا شوہر اس کو طلاق دے کر آزاد نہیں کررہا تو اس صورت میں پاکستانی قانون کے مطابق عورت عدالت میں خلع کا کیس کرسکتی ہے اور عدالت کے ذریعے سے تنسیخ نکاح کروا سکتی ہے. لیکن اگر عورت عدالت سے خلع لیتی ہے تو The family court Act 1964 کے سیکشن 10 کے تحت عورت کو وہ مہر جو اس کو نہیں ملا یعنی Deferred dower جس کو اردو میں...
It will be not dissolution of marriage on the basis of Khula, because there is the wisdom behind, that the parties should not be forced to live in a hateful union.
When there is no request from the lady regarding separation on the basis of Khula; and there are other allegations about the conduct of the husband that he was not maintaining the lady and the children, then certainly Court may pass observation regarding those allegations and then can pass the decree...
--Tentative value of dowry article cannot be given by family Court--One of mode for determining value of dowry articles can be by appointment of local commission for physical verification-
PLJ 2021 Lahore 616Constitution of Pakistan, 1973------Art. 199--Constitutional petition--Suit for dissolution of marriage, recovery of maintenance allowance and dowry ariticles--Petitioner failed to tender in evidence best of dowry article as receipt of return--Tentative value of dowry article cannot be given by family Court--One of mode for...
-Petitioner filed application for setting aside ex-parte degree--Court compromise between parties--Execution petition as well as suit were withdrawn--Application for restoration of execution petition --Suit for recovery of maintenance allowance-
PLJ 2021 Lahore 599Constitution of Pakistan, 1973------Art. 199--Muslim Family Law Ordinance, 1961, S. 9--Suit for recovery of maintenance allowance--Ex-parte declared--Execution petition--Petitioner filed application for setting aside ex-parte degree--Court compromise between parties--Execution petition as well as suit were withdrawn--Application for restoration of...
-Recovery of detenue--Marriage was contracted with her own free will and consent but against wishes of parents--Question of--Whether he has contracted marriage with detenue merely as a result of his crush monentous or contracted marriage sincerely with religious zeal-
PLJ 2021 Lahore 618Constitution of Pakistan, 1973------Art. 199(b)(1)--Criminal Procedure Code, (V of 1898), S. 491--Recovery of detenue--Marriage was contracted with her own free will and consent but against wishes of parents--Question of--Whether he has contracted marriage with detenue merely as a result of his crush monentous or contracted...
-Contracted marriage---Enhancement of dower amount--Under Islamic Law, parties of a marriage can fix/enhance amount of dower at any time, after its solemnization even during subsistence of their marriage-
PLJ 2021 Lahore 624Criminal Procedure Code, 1898 (V of 1898)------S. 491--Recovery of detenue--Custody of private respondent--Contracted marriage--Question of--Whether petitioner contracted marriage with detenue as a result of crush--Alleged detenue being sui-juris and major while exercising her free will has contracted marriage with petitioner--Unfortunately,...
The marriage cannot be dissolved on the basis of pleadings of the parties and on the failure of reconciliation between the parties.
The purpose of the West Pakistan Family Courts Act, 1964, is to expedite the family matters in order to save the families from permanent and lengthy litigation in the Courts. Under the provisions of Section 2(ii) and (viii) of Dissolution of Muslim Marriages Act, 1939, the marriage cannot be dissolved...
-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...
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