Citation Name: 2019 CLC 1475 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHAZIA PARVEEN VS ADDITIONAL DISTRICT JUDGES. 5, Sched.---Civil Procedure Code (V of 1908), O. XII, R. 6---suit for recovery of dower---Judgment on admission---Family Court dismissed the suit for recovery/possession of house in lieu of dower to be paid by husband in terms of Column No. 16 of Nikahnama---Plea of wife was...
Petitioner along with his brother and counsel was present before the appellate court when the parties settled to resolve the claim of dowry articles and dower on the basis of statement of maternal uncle of the petitioner on oath---
Citation Name: 2020 CLCN 10 LAHORE-HIGH-COURT-LAHOREBookmark this Case KHUBAIB KHAN VS ADDITIONAL DISTRICT JUDGE, MIAN CHANNUS. 5, Sched.---suit for recovery of dower and dowry articles---Consent decree---Appeal---Scope---Petitioner assailed judgment and decree passed by the appellate court---Validity---Petitioner along with his brother and counsel was present before the appellate court when...
-suit for recovery of maintenance allowance and dower---Maintenance allowance proportionate to financial status of husband/father--
Citation Name: 2019 YLR 640 LAHORE-HIGH-COURT-LAHOREBookmark this Case SAIMA ASHRAF VS ADDITIONAL DISTRICT JUDGES. 5 & Sched.---suit for recovery of maintenance allowance and dower---Maintenance allowance proportionate to financial status of husband/father---Scope---Dower---Scope---Petitioner (wife) contended that she was entitled for maintenance allowance proportionate to the financial...
--Deferred dower---Scope---Wife sought recovery of deferred dower during subsistence of marriage-
Citation Name: 2020 MLD 1008 LAHORE-HIGH-COURT-LAHOREBookmark this Case Dr. NOOR MUHAMMAD SALEEMI SAGGU VS ADDITIONAL DISTRICT JUDGES. 10---dower---Deferred dower---Scope---Wife sought recovery of deferred dower during subsistence of marriage--Validity---Prompt dower was payable on demand during subsistence of the marriage tie whereas the deferred dower was payable on the time stipulated between...
-Suit for declaration and permanent injunction with regard to land given as dower--Maintainability-
Citation Name: 2020 CLC 952 HIGH-COURT-AZAD-KASHMIRBookmark this Case NIAZ AHMED VS Mst. MUSHARAF SHAHEENO. VII, R. 10---Specific Relief Act (I of 1877), Ss. 42 & 54---Azad Jammu and Kashmir Family Courts Act (XI of 1993), S.5, Sched.---suit for declaration and permanent injunction with regard to land given as dower--Maintainability---Plaint, return of---Plaintiff-wife filed a suit for declaration...
-Defendant-husband living abroad submitted wakalatnama and written statement without his signatures-
Citation Name: 2019 MLD 401 PESHAWAR-HIGH-COURTBookmark this Case IQBAL RABBANI VS NOOR UL AINSs. 5, Sched, 7, 9, 17-A & 18---Family Courts Rules, 1965, R. 4---Civil Procedure Code (V of 1908), S. 132 & O. VI,R. 15---suit for recovery of maintenance allowance, dower and dowry articles---Appearance of parties in person---Scope---Representation through counsel/attorney---Scope---Defendant-husband...
--Husband himself had admitted outstanding dower as 5-1/2 tolas against him while cross-examining the Nikah Registrar-
Citation Name: 2020 CLC 910 PESHAWAR-HIGH-COURTBookmark this Case USMAN KHAN VS Mst. SHEHLA GULS. 5, Sched---suit for recovery of dower---Scope---Husband assailed the findings of courts below whereby wife's claim of 5-1/2 tolas gold as outstanding dower was decreed---Validity---Husband himself had admitted outstanding dower as 5-1/2 tolas against him while cross-examining the Nikah Registrar---Appellate...
-Husband contracted second marriage without consent of first wife---Wife claimed 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 dowry articles---Scope---Husband contracted second marriage without consent of first wife---Wife claimed maintenance, dower and return of dowry articles---Evidence led by wife in order to substantiate her claim of dowry articles was sufficient as she had...
While framing the issues and passing the order of interim maintenance, the Family Court shall take into consideration following crucial questions
Though by virtue of Section 17-A of The Act Family Court was vested with the power to strike off the defence of the defendant and decree the suit on failure by him to pay the interim maintenance in terms of order of the Court but it will not equip the Court with unfettered powers to proceed mechanically. In no circumstances, a Court can abdicate...
--Dissolution of Muslim Marriages Act (VIII of 1939), S.2---suit for dissolution of marriage---Grounds for decree for dissolution of marriage---Plea of khula--
Citation Name: 2020 CLC 1874 PESHAWAR-HIGH-COURTBookmark this Case Mst. FARHAT IMAM VS SAJID NAZEEFS.5, Sched.---Dissolution of Muslim Marriages Act (VIII of 1939), S.2---suit for dissolution of marriage---Grounds for decree for dissolution of marriage---Plea of khula---Scope---Wife would lose her dower only if she seeks dissolution of marriage on the sole ground of khula and not when she urges...
-Maintenance allowance for the minors fixed by the Courts below was insufficient to meet their requirements which was enhanced to Rs. 5,000/per month for each child with further increase @ Rs. 10% per annum--
Citation Name: 2020 YLR 1850 PESHAWAR-HIGH-COURTBookmark this Case Mst. SANA GUL VS USMAN KHANS. 5, Sched.---suits for recovery of dower, maintenance allowance for wife and minors---Desertion of wife---Effect--Defendant-husband had not paid the dower claimed by the plaintiff-wife---Plaintiff-wife was entitled for recovery of entire dower in the shape of seven tolas gold ornaments---Plaintiff-wife...
---Nikahnama, Column Nos. 17 & 20---suit for recovery of maintenance allowance and residential house--
Citation Name: 2020 YLR 2350 PESHAWAR-HIGH-COURTBookmark this Case JEHANGIR KHAN VS Mst. SAEEDA BEGUMS. 5, Sched.---Nikahnama, Column Nos. 17 & 20---suit for recovery of maintenance allowance and residential house--Column No. 17 of Nikahnama was silent whether residential house was given to the plaintiff-wife either in lieu of dower or as a gift---suit house had been given to the plaintiff...
Suit for dissolution of marriage on basis of Khula---Return of Dower -
2022 CLC 634 Suit for dissolution of marriage on basis of Khula---Return of Dower ---Scope---No legal requirement exists in a suit for dissolution of marriage to restore to the husband the Haq Mehar received by wife in consideration of marriage at the time of Nikah---In terms of S. 10(5) of the Family Courts Act, 1964 the surrender of Dower by wife in a case of dissolution of marriage...
Maintenance of minors, enhancement of---Appeal/adequate alternate remedy, availability of-
2022 MLD 634 Maintenance of minors, enhancement of---Appeal/adequate alternate remedy, availability of---Constitutional petition---Maintainability---Contention that appeal was not available against Maintenance allowance for minor---Held, that settled law was that non-provision of appeal under S. 14(2) of the Family Courts Act, 1964, was to protect under-privileged/generally oppressed section...
Maintenance , re-fixation of---Determining factor---Financial status---Principle---Family Court had exclusive jurisdiction relating to Maintenance allowance and matters connected therewith-
2022 MLD 731 Maintenance , re-fixation of---Determining factor---Financial status---Principle---Family Court had exclusive jurisdiction relating to Maintenance allowance and matters connected therewith---If the granted rate for per month allowance was insufficient/inadequate, institution of fresh suit was not necessary, rather the Family Court may entertain any such application---Court...
گارڈین کیس وہاں دائر کیا جائیگا جہاں پر بچہ رہتا ہو۔ گارڈین کیس میں بچہ کی ویلفیئر دیکھی جای گی
The provision of Section 9 of the Guardian & Wards Act relates to jurisdiction of the Court to entertain guardian petitions, clearly provides that an application with respect to the guardianship of the person of the minor shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides. T.A. No.12276...
Suit for recovery of Maintenance allowance---Appeal---Constitutional petition---Maintainability---
2022 CLC 634 Suit for recovery of Maintenance allowance---Appeal---Constitutional petition---Maintainability---Scope---Award of Maintenance allowance at the rate of Rs.5000/- per month---Husband/petitioner challenged such award in Constitution jurisdiction of High Court---High Court observed that the same had already been considered by legislature to be too meager even to allow an appeal...
-Petitioner/husband assailed award of Maintenance allowance to the respondent/wife on the ground that she herself had left his house of her own volition--
2022 CLC 634 Suit for recovery of Maintenance allowance---Scope---Petitioner/husband assailed award of Maintenance allowance to the respondent/wife on the ground that she herself had left his house of her own volition---Validity---Respondent levelled allegations of bad and disrespectful behaviour on part of the petitioner towards her and she deposed in her evidence that on account of torture...
S.5, Sched.---Suit for recovery of Maintenance , delivery charges and dowry articles-
2022 MLD 731 S.5, Sched.---Suit for recovery of Maintenance , delivery charges and dowry articles---Petitioner/plaintiffs (wife) claimed that respondent (husband) behaved cruelly and ousted the petitioner from his house (in 4th month of marriage); that minor was born out of wedlock; that respondent was working abroad and owned land and could pay Maintenance of Rs.30,000/- per head/per...
--Gold ornaments and a constructed house was incorporated in the Nikahnama as "dower" at the time of marriage-
Citation Name: 2019 YLR 84 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. RUKHSANA MAJEED VS ADDITIONAL DISTRICT JUDGES. 5 & Sched.---suit for recovery of dower---Gold ornaments and a constructed house was incorporated in the Nikahnama as "dower" at the time of marriage---Execution of exhibited agreement admitted by the party---Effect--Petitioner/ ex-wife contended that Appellate Court...
Art. 104---suit for recovery of deferred dower---Limitation-
Citation Name: 2019 CLC 1008 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD SAEED VS ADDITIONAL DISTRICT JUDGES. 5 & Sched.---Limitation Act (IX of 1908), Art. 104---suit for recovery of deferred dower---Limitation--Deferred dower was payable after a specified period of time and when no period was fixed, the same had to be paid on the death of the husband or dissolution of marria...
S. 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--
Citation Name: 2019 PLD 218 PESHAWAR-HIGH-COURTBookmark this Case AJMAL KHAN VS Mst. FALAK 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...
-Family Court dissolved marriage on the basis of Khula----Wife in such event had to seek Khula by foregoing dower received by her from her husband in consideration of marriage--
Citation Name: 2020 PLD 173 PESHAWAR-HIGH-COURTBookmark this Case Mst. YASMEEN GUL VS MUHAMMAD ZUBAIRS. 5, Sched. & S. 10(4)---suit for dissolution of marriage and recovery of dowry articles---Khula---Scope---Family Court dissolved marriage on the basis of Khula---Validity---Plaintiff (wife) had produced sufficient evidence in support of her claim for dowry articles---Defendant (husband)...
--Record revealed that during subsistence of trial, Session Court, on application under S. 491, Cr.P.C, gave children to the custody of mother--
Citation Name: 2019 YLR 734 PESHAWAR-HIGH-COURTBookmark this Case ANWAR ALI VS Mst. NAHEEDS. 5, Sched--- suit for recovery of dower, dowry articles maintenance allowance and custody of minors by the exwife/mother---Payment of gold ornaments in lieu of dower at the time of marriage---Scope---Non-production of receipts of purchase of dowry articles---Effect---Welfare of minors---Scope---Trial...
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