Any declaration as to status where one party alleges marriage and other denies, it would amount to a decree for jactitation of marriage. A suit for affirmative declaration about existing or subsisting of marriage is as much as a suit relating marriage as a suit fr negative declaration....there seems no reason why a suit for jactitation of marriage will not include a suit for declaration by a person...
Where a special law is silent on a particular point, there is no bar in having recourse to the provision of general law except that the provision of general law is inconsistent with the provision of special law
1989 CLC 1805 KARACHI-HIGH-COURT-SINDH Side Appellant : MUZAFFAR ALISide Opponent : MEHRUN NISSAWest Pakistan Family Court Act 1964 S. 14--Appeal--Power to hear appeal includes impliedly if not expressly, the power to confirm or set aside the judgment of Family Court or to remand the case for retrial on any issue or to frame any other issue which arises out of pleadings, but was omitted to be...
--Sections 17-A & 17-B of the Act 1964, provided that by having used the word " may " the Legislature did not intend to make passing of decree mandatory, rather it had been left upon the discretion of the Trial Court to consider the facts and circumstances of each case
2021 C L C 1300Family Courts Act (XXXV of 1964)---.....................----Ss.17-A & 17-B---Interim maintenance allowance---Non-payment---Penal consequences---Decreeing the suit forthwith---Discretion of the Court---Scope---If defendant defaulted, in making payment of interim maintenance, despite orders by the Family Court, penal action in terms of S.17-A of the Family Courts Act, 1964 ('the...
"تین پوشیدنی کپڑوں میں مار پیٹ کر کے گھر سے نکال دیا" جیسے گھسے پٹے فرسودہ الزامات اب عائلی عدالتوں میں ثابت بھی کرنا ہںوں گے۔
2020 MLD 1147,It is the duty of the family courts to consider the following guiding principles. a) After recording of evidence by the Family Court, if it appears that any spouse who has suffered the psychological and physical injuries at the hands of other spouse covering under the offences referred in Part-II i.e. Sections 337A(i), 337F(i), 341, 342,...
-Kidnapping, abduction or inducing woman to compel for marriage etc, marrying again ........
2020 YLRN 53 Gilgit-Baltistan WALI KHAN VS StateS. 497---Penal Code (XLV of 1860), Ss.365-B, 494, 495, 193, 202 & 114---Kidnapping, abduction or inducing woman to compel for marriage etc, marrying again during lifetime of husband or wife, same offence with concealment of former marriage from person with whom subsequent marriage was contracted, punishment for false evidence, intentional omission...
Talaq by husband residing abroad
Procedure.PLD 2020 Lahore 679Where husband is not a Pakistani National or even if both husband and wife are not Pakistani national they can get divorce in Pakistan provided that the marriage is registered in Pakistan by adopting following procedure, in case of husband:- 1. Husband will send a power of attorney to his lawyer; 2. Power of attorney should...
--Validity of Nikkah/marriage where girl had obtained puberty--
PLD 2021 LAHORE 21Child Marriage Restraint Act (XIX of 1929)-------Ss. 8 & 2(b)---Validity of Nikkah/marriage where girl had obtained puberty---Scope---Petitioner, who stated that she had contracted marriage on her own free-will, impugned order of Magistrate whereby it was ordered that she either remain in custody of Dar-ul-Aman or be allowed only to be handed in custody of her natural guardian...
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 485Muslim Family Laws Ordinance, 1961 (VII of 1961)------Ss. 7 & 10--“Talaq” & “Dower”--Condition of divorce mentioned in Nikahnama--Suit for recovery of dower to the extent of 5-Tolas gold ornaments of Respondent No. 3 was dismissed and house measuring 05-Marlas was decreed and suit for recovery of Rs.5,00,000/- as per...
Family Courts, Family Court could not consolidate suits for restitution of conjugal rights and dissolution of marriage-
I hold that there was no limitation on the power of the learned Family Court to make an order which was necessary for the ends of justice and to prevent abuse of its process. It is not at all the case of the petitioner that consolidation of suits in the present case was not necessary for the ends of justice and that it would not have led to abuse of process of the Court if any other procedure would...
Family Courts, Family Court could not consolidate suits for restitution of conjugal rights ant dissolution of marriage-
I hold that there was no limitation on the power of the learned Family Court to make an order which was necessary for the ends of justice and to prevent abuse of its process. It is not at all the case of the petitioner that consolidation of suits in the present case was not necessary for the ends of justice and that it would not have led to abuse of process of the Court if any other procedure...
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