--Family Court conditionally dissolved the marriage and passed decree for half dower in favour of wife---

 Citation Name: 2019 PLD 218 PESHAWAR-HIGH-COURTBookmark this Case AJMAL KHAN VS Mst. FALEK NEGAR BIBIS. 5, Sched---Dissolution of Muslim Marriages Act (VIII of 1939), S.2---suit for dissolution of marriage and recovery of dower---Rukhsati having not been effected---Effect---Family Court conditionally dissolved the marriage and passed decree for half dower in favour of wife---Validity---Wife...

S. 5---Qanun-e-Shahadat (10 of 1984), Art. 129, illus. (e) & Chap. VI, [Arts.102 to 110]---Exclusion of oral evidence by documentary evidence---Nikahnama, contents of--

 Citation Name: 2019 MLD 758 LAHORE-HIGH-COURT-LAHOREBookmark this Case FAYAZ HUSSAIN VS ADDITIONAL DISTRICT JUDGES. 5---Qanun-e-Shahadat (10 of 1984), Art. 129, illus. (e) & Chap. VI, [Arts.102 to 110]---Exclusion of oral evidence by documentary evidence---Nikahnama, contents of---Scope---suit for recovery of house as dower filed by wife was concurrently decreed in her favour by two Courts...

--Husband contracted second marriage without first wife's consent---Claim of first wife for maintenance, dower and return of dowry articles-

 Citation Name: 2020 CLC 803 PESHAWAR-HIGH-COURTBookmark this Case SAKHAWAT HUSSAIN VS Mst. RUBINA SHAHEENS. 5, Sched.---suit for recovery of dower---Entries made in nikahnama---Presumption of truth---Scope---Husband contracted second marriage without first wife's consent---Claim of first wife for maintenance, dower and return of dowry articles---Wife produced nikahnama and kabin-nama which showed...

In Pakistan, the maintenance with regard to Muslim children is governed by the Injunctions of Islam and in other cases as per applicable personal law and the provisions of the Family Courts Act, 1964 in this regard essentially govern jurisdiction and procedure.

The jurisdiction and procedure of Family Courts in Pakistan is, inter alia Courts Act, 1964.On perusal of section 17A(1) of the Act, it is manifest that in a suit for maintenance, the Family Court is required to pass an order fixing interim monthly maintenance for wife or a child. The use of word “shall”, on the face of it, indicates that the said...

Blocking of Cnic by family Court, Non payment of maintenance.

2019 C L C 1787[Sindh]Before Nadeem Akhtar, JMst. NOOR AFSHAN----PetitionerVersusMUHAMMAD GHALIB and 3 others----RespondentsC.P. No. S-285 of 2017 and C.M.A. No.8620 of 2017, decided on 19th February, 2019.Guardians and Wards Act (VIII of 1890)-------S.25---Custody of minor---Welfare of minor---Re-marriage of mother---Visitation---Conduct of father---Non-payment of maintenance allowance---Effect---Petitioner/mother...

-Wife, filed application to the effect that she had received an amount of Rs. five lac through cheque as her maintenance allowance and rest of the claim would be settled privately-

  Citation Name: 2020 YLR 188 PESHAWAR-HIGH-COURTBookmark this Case PERVEZ ALI VS Mst. RAZIA BEGUMS.5, Sched.---dower and maintenance allowance, recovery of---Wife filed suit for recovery of dower and maintenance allowance---Wife, filed application to the effect that she had received an amount of Rs. five lac through cheque as her maintenance allowance and rest of the claim would be settled privately---Joint...

Ss. 2(d) & 5, Sched.---dower, recovery of---suit against mother-in-law--

 Citation Name: 2019 YLR 605 PESHAWAR-HIGH-COURTBookmark this Case FAWAD ISHAQ VS Mrs. MAHREEN MANSOORSs. 2(d) & 5, Sched.---dower, recovery of---suit against mother-in-law---Concurrent findings of two courts below--suit was filed by plaintiff against her ex-husband and ex-mother-in-law for recovery of dower in shape of constructed house which was in name of her mother-in-law---Family Court...

S. 5, Sched.---suit for recovery of dower and maintenance allowance---Principles---Payment of dower on behalf of grandfather---

 Citation Name: 2020 MLD 1091 PESHAWAR-HIGH-COURTBookmark this Case ABDUL ALI VS Mst. SANIS. 5, Sched.---suit for recovery of dower and maintenance allowance---Principles---Payment of dower on behalf of grandfather---Scope---Dower deed---Proof of---Grandfather of defendant-husband promised to transfer landed property as a dower in favour of wife of his grandson through dower deed---Contention...

Ss. 5, Sched. & 10(4)---suit for recovery of dower, maintenance and dissolution of marriage---Divorce pronounced by husband prior to consummation of marriage--

 Citation Name: 2019 YLR 1945 PESHAWAR-HIGH-COURTBookmark this Case NISAR VS Mst. FAUZIASs. 5, Sched. & 10(4)---suit for recovery of dower, maintenance and dissolution of marriage---Divorce pronounced by husband prior to consummation of marriage---Effect---Dower, payment of---Scope---Family Court dissolved marriage on the basis of khula and found that defendant-husband was entitled for recovery...

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

 2022 CLC 729PLJ 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 order to avoid any transgression of Islamic...

S. 5, Sched, & S.18.---Maintenance for minor and wife---Appearance through agent before Family Court---Effect--Concealment of source of income by husband---

 Citation Name:2020 PLD 343 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAIF ULLAH BAJWA VS Mst. SAJIDA MANZOORS. 5, Sched, & S.18.---Maintenance for minor and wife---Appearance through agent before Family Court---Effect--Concealment of source of income by husband---Effect---suit for recovery of dower articles and maintenance of wife and minor was decreed concurrently---Contention of petitioner...

--Father-in-law was wakeel in Nikahnama-

 PLJ 2022 Lahore 137Muslim Family Law Ordinance, 1961 (VIII of 1961)------S. 10--Deferred dower--Death of husband--Suit for recovery of dower was decreed--Dismissal of appeal--Father-in-law was wakeel in Nikahnama--Death of father-in-law during pendency of suit--Challenge to--(Father-in-law of Respondent No. 3) was party to Nikahnama and his name...

S. 5, Sched. & S. 7(2)---suit for dissolution of marriage and recovery of dowry articles, dower and maintenance allowance---Khula, announcement of-

 Citation Name: 2020 MLD 554 PESHAWAR-HIGH-COURTBookmark this Case ISLAM GUL VS Mst. NALEEMS. 5, Sched. & S. 7(2)---suit for dissolution of marriage and recovery of dowry articles, dower and maintenance allowance---Khula, announcement of---Procedure---Additional evidence, production of---Scope---Family Court decreed the suit against which appeal was filed wherein appellant moved an application...

S. 5, Sched---suit for recovery of dower---Failure to cross-examine on specific issue--

 Citation Name: 2020 CLC 910 PESHAWAR-HIGH-COURTBookmark this Case USMAN KHAN VS Mst. SHEHLA GULS. 5, Sched---suit for recovery of dower---Failure to cross-examine on specific issue---Effect---Husband assailed the findings of courts below whereby wife's claim of four marla plot as dower was decreed---Husband had admitted the nikahnama in his examination-in-chief--- Wife, through her attorney,...

--Suit for maintenance---Second marriage by husband without consent of first wife---

 Citation Name: 2020 CLC 803 PESHAWAR-HIGH-COURTBookmark this Case SAKHAWAT HUSSAIN VS Mst. RUBINA SHAHEENS.5, Sched.---suit for maintenance---Second marriage by husband without consent of first wife---Effect---Plaintiff, being wife, claimed maintenance, dower and return of dowry articles---Validity---Defendant husband, was responsible to provide maintenance to his wife so that she could live...

--Dowry and Bridal Gifts (Restriction) Act (XLIII of 1976), S. 2(a)---suit for recovery of maintenance allowance, dowry articles, dower and gold ornaments---Dissolution of marriage on the basis of Khula-

 Citation Name: 2019 MLD 112 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. IRAM SHAHZADI VS MUHAMMAD IMRAN-UL-HAQ2003 SCMR 1261, 2008 SCMR 186, 2013 CLC 276, 2016 CLC 180, 2016 CLC 765, 2017 MLD 1101, 2017 YLR 1481, PLD 2007 Lahore 515, PLD 2012 Lah. 43, PLD 2012 Lahore 43, PLD 2018 Lah. 429, PLD 2018 Lahore 429, S. 5 & Sched.---Dowry and Bridal Gifts (Restriction) Act (XLIII of 1976),...

S.5, Sched.---suit for recovery of dowry articles and dower---Family Court decreed the suit and appeal was dismissed by the Appellate Court--

 Citation Name: 2020 CLC 380 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case AZIZ-UR-REHMAN VS Mst. BIBI JAMEELAS.5, Sched.---suit for recovery of dowry articles and dower---Family Court decreed the suit and appeal was dismissed by the Appellate Court---Validity---Not possible for wife to keep the record of purchased articles and prepare list of dowry articles and obtain signatures of husband...

-Suit for declaration--Starting point of limitation--Under Art. 120 the suit for which no period of limitation is provided elsewhere in the schedule can be filed within six years when the right to sue accrues-

 PLJ 2010 Karachi 25Present: Nadeem Azhar Siddiqi, J.Mst. ROEEBA KHATOON (WIDOW) and others--PetitionersversusM.Y. BUTT and another--RespondentsIInd Appeal No. 10 of 2006, decided on 31.3.2009.Limitation Act, 1908 (IX of 1908)------Art. 120--Civil Procedure Code, (V of 1908)--S. 100--Suit for declaration--Starting point of limitation--Under Art. 120 the suit for...

-Plea of non-framing of issues regarding age of plaintiffs- Such plea was of no substance in as much, case was remanded by Appellate Court for very purpose and in post remand proceedings, parties were given opportunity to produce their respective evidence whereafter that point (of minority) was decided by Family Court

 PLJ 2003 Lahore 280(i) Civil Procedure Code, 1908 (V of 1908)-—O. XIV, R. l--Plea of non-framing of issues regarding age of plaintiffs-Such plea was of no substance in as much, case was remanded byAppellate Court for very purpose and in post remand proceedings, partieswere given opportunity to produce their respective evidence whereafterthat point (of minority) was decided by...
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