Where the Judge Family Court had decreed the suit for maintenance allowance against grandfather of the minor on wrong premise by treating him as his father instead of grandfather,.................

 Where the Judge Family Court had decreed the suit for maintenance allowance against grandfather of the minor on wrong premise by treating him as his father instead of grandfather, said judgment being against the principle of fair trial was not sustainable. Case is remanded for decision afresh.WP 15138/20Roshan din Vs Rashida Ilyas etcMr. Justice...

Writ Jurisdiction-- ----Interim orders passed in family cases can be assailed in writ jurisdiction--Validity--Against interim order in family cases High Court can interfere in writ jurisdiction.

 PLJ 2010 Lahore 400Constitution of Pakistan, 1973------Art. 199--Family Courts Act, 1964, S. 17-A--Constitutional petition--Right of cross-examination was closed--Petitioner filed an application before Family Court to frame appropriate issues--Application was dismissed--Challenge to--Question of--Interim orders passed in family cases can be assailed in writ jurisdiction--Interference...

Khula-- ----Dissolution of marriage--Jurisdiction of Family Courts--To suppress such mischief the legislature had enacted S. 10(4) conferring jurisdiction on Family Courts to dissolve the marriage forthwith on the basis of Khula, if despite efforts made for reconciliation the wife refused to reconcile and go back to her husband.

 PLJ 2010 Lahore 104West Pakistan Family Courts Act, 1964 (XXXV of 1964)------S. 10--(Family Courts (Amendment) Ordinance, (LV of 2002)--Proviso was added--Power to pass a decree for dissolution of marriage forthwith if reconciliation fails--Held: Family Court is not obligated to follow the sequential order given in S. 10 of Family Courts Act, in the event of failure of reconciliation,...

---Date of hearing to be carefully noted---Suit for dissolution of marriage, dowry articles, maintenance---Right of petitioner/defendant to file written statement was closed by Family Court-

 2022 C L C 391(a) Family Courts Act (XXXV of 1964)-------Ss.8 & 9---Constitutional petition---Date of hearing to be carefully noted---Suit for dissolution of marriage, dowry articles, maintenance---Right of petitioner/defendant to file written statement was closed by Family Court---Contention that petitioner failed to appear before Court on account of misunderstanding regarding date of hearing---Held,...

Marriage--Essential conditions--Free will--It was directed by Islam that both parties to a marriage should be amenable to trying the marital knot--A girl could not be compelled into a marriage against her will.

 PLJ 2011 Lahore 404Constitution of Pakistan, 1973------Art. 199--Suit was dismissed on technicality--Amendment of plaint--Suit for maintenance was dismissed for plaintiff, being a major, she had filed the suit through her mother as her next best friend--Validity--Technicality could have been fixed by directing him to file an amended plaint by deleting her mother's name--Thus,...

Mother amongst all persons is the best person entitled to the custody of her minor children during the connubial relationship as well as after its dissolution and this right belongs to the mother which cannot be taken from her except her own misconduct.

 2022 MLD 300Mother amongst all persons is the best person entitled to the custody of her minor children during the connubial relationship as well as after its dissolution and this right belongs to the mother which cannot be taken from her except her own misconduct.Temporary custody of captioned daughters of the petitioner. According to the Fatawai Alamgiri the mother amongst all persons is...

--S. 7--- Divorce (Talaq)--- Scope---Husband can divorce his wife if he wishes, during subsistence of marriage; however, under the provisions of S. 7 of the Muslim Family Laws Ordinance, 1961, a notice ...............

 2022 Y L R 181[Peshawar](a) Specific Relief Act (I of 1877)-------Ss. 42, 54 & 55---Suit for declaration, permanent and mandatory injunction---Partition of immovable property---Scope---Plaintiffs/respondents filed suit for declaration, permanent/ mandatory injunction and possession through partition being widow and daughter of deceased---Suit was resisted by the defendants/petitioners on...

Process of Re-conciliation-- ----Law provides a mechanism where under the parties are provided an opportunity to reconcile their differences through intermediaries by engaging in the process of re-conciliation through arbitrators--

PLJ 2011 Lahore 336Muslim Family Laws Ordinance, 1961 (VIII of 1961)------S. 7(1)--West Pakistan Muslim Family Rules under the Muslim Family Laws Ordinance, 1961--Rule 3(b)--Pronouncement of divorce--Service of notice of divorce--Change of residence of wife--Question of effectiveness of talaq--Contention of petitioner that service of notice at her current address, are of no legal effect,...
Subscribe to: Posts (Atom)
Powered by Blogger.

Case Law Search