PLD 2022 ISLAMABAD 228جسٹس بابر ستار نے جاری کردہ فیصلے میں لکھا کہ 18 سال سے کم عمر لڑکی آزادانہ شادی نہیں کرسکتی، حیاتیاتی طور پر بلوغت کی عمر 18 سال کا ہونا ہی ہے۔عدالتی فیصلے میں کہا گیا کہ محض جسمانی تبدیلیوں پر 18 سال سے پہلے قانونی طور پر بلوغت نہیں ہوتی، بلوغت کی قانونی عمر 18 برس ہے، اس سے کم عمر لڑکی کی شادی غیر قانونی ہوگی۔فیصلے میں کہا گیا کہ 18سال سے کم عمر لڑکی کے ورثا بھی جسمانی تعلق...
-Barred by time--Consolidated judgment and decree one appeal of petitioner to extent of increase of alternative price of dowry articles was within time and same has been duly entertained by appellate Court, whereas other appeal against same consolidated judgment has been dismissed being barred by time-
PLJ 2022 Lahore 359Muslim Family Laws Ordinance, 1961 (VIII of 1961)------Ss. 9 & 10--Constitution of Pakistan, 1973, Art. 199--Suits for recovery of maintenance allowance and recovery of dowry articles--Consolidated judgment--Appeal for enhancement of maintenance allowance was dismissed--Barred by time--Challenge to--Consolidated judgment...
Great grandchildren are not within the meaning of “children” for the purposes of s. 4 of the Muslim Family Laws Ordinance, 1961 (“Ordinance”)?
2022 SCMR 1131S.4 has been declared to be contrary to the Injunctions of Islam by the Federal Shariat Court (“FSC”) by its judgment reported as Allah Rakha and others v Federation of Pakistan and others PLD 2000 FSC 1. However, this judgment is under appeal before the Shariat Appellate Bench of this Court (C.Sh.A 1/2000 and connected cases (Tanveer...
-Shariat petition--Article 35 states that "the State shall protect the marriage, the family, the mother and the child.
PLJ 2022 Cr.C. (Note) 64Constitution of Pakistan, 1973------Art. 35--Protection of family system--In Islamic society, the protection of family unit or family system has core-importance, which is rightly reflected in Article 35 of the Constitution of Pakistan, 1973 stating one of the principles of policies in the Constitution. Article 35 states that "the State shall protect the marriage, the...
Maintenance fixed at the rate of Rs. 50,000/- per month with 15% annual increase-
2021 Y L R 1458(a) Guardians and Wards Act (VIII of 1890)-------S. 25--- Custody of minor---Compromise decree--- Fixation of maintenance allowance--- Scope---Petitioner assailed decree passed by Judge Family Court on the basis of compromise between the parties to the extent of maintenance fixed at the rate of Rs. 50,000/- per month with 15% annual increase---Contention of petitioner was that...
--Ordinarily residence must not require proof as would be for permanent residence, such was keeping in view the agony of woman who, on being ousted by husband, sometimes did not find shelter in the house of her parents--
Citation Name: 2019 MLD 720 KARACHI-HIGH-COURT-SINDHBookmark this Case ZAHID HUSSAIN VS Mst. FARHANASs. 7 & 8---Family Courts Rules, 1965,R. 6---Family Courts Act (XXXV of 1964), S. 5 & Sched.---suit for dissolution of marriage---'Ordinarily resides'---Scope---Jurisdiction of Family Court---Khulla, right of---Scope---Petitioner (exhusband) contended that respondent/ plaintiff did not...
dower (mehr), recovery of---Property mentioned in Cl.16 of Nikahnama as dower for wife--
2020 PLD 269 SUPREME-COURTBookmark this Case FAWAD ISHAQ VS Mst. MEHREEN MANSOORS. 5, Sched.---Transfer of Property Act (IV of 1882), S. 41---dower (mehr), recovery of---Property mentioned in Cl.16 of Nikahnama as dower for wife---suit for recovery of said property was filed by respondent-lady against her motherin-law and father-in-law without impleading her husband---Subject property was owned...
--Filing of suit for restitution of conjugal rights demonstrated that husband was willing to rehabilitate wife but she did not want reconciliation and had obtained decree of divorce on the basis of khula--
Citation Name: 2019 CLC 1008 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD SAEED VS ADDITIONAL DISTRICT JUDGES. 5 & Sched.---suits for recovery of dower, maintenance and dowry articles by wife and for restitution of conjugal rights by the husband---Wife desertion by husband---Scope---suit of wife was decreed to the extent of recovery of dowry articles---Appellate Court modified the...
- Sole ground to challenge Cl . 19 was the decree passed on the basis of Cl . 19 of Nikahnama , wherein parties had mutually agreed that in case of an unreasoned divorce , declared by petitioner to his wife , petitioner would provide gold ornaments / finances as specified therein -
2022 CLC 963Suit for recovery of alimony --- Nikahnama , Cl . 19 --- Scope --- Sole ground to challenge Cl . 19 was the decree passed on the basis of Cl . 19 of Nikahnama , wherein parties had mutually agreed that in case of an unreasoned divorce , declared by petitioner to his wife , petitioner would provide gold ornaments / finances as specified therein --- Contention of petitioner was that...
Matters arising out of Column No 19 of Nikahnama --- Scope -
2022 CLC 963Matters arising out of Column No 19 of Nikahnama --- Scope --- No restriction existed that husband cannot agree to arrange for maintenance or agree to extend fiscal advantage to the wife , even after the divorce --- Such nature of the benefit / advantage , which in any manner is not restricting the right of divorce , is in fact an act of bestowing benefit or gift upon wife to support...
Entries in Nikahnama ,-- Suit for recovery 5 Marla house as dower amount filed by respondent plaintiff was decreed in her favour , as the same was mentioned in Nikahnama -
2022 CLC 947Entries in Nikahnama ,--- Proof --- Concurrent findings of facts by two Courts below --- Withholding of evidence --- Presumption --- Suit for recovery 5 Marla house as dower amount filed by respondent plaintiff was decreed in her favour , as the same was mentioned in Nikahnama --- Validity --- Nikahnama was to be examined as a simple contract between parties without any presumption...
--Petitioner assailed orders of executing court and appellate court whereby both the courts below in proceedings for execution of decree refused to accept some other property as dower instead of the property which was decreed--
Citation Name: 2019 CLC 1799 LAHORE-HIGH-COURT-LAHOREBookmark this Case JAM MEERAN VS ADDITIONAL ADVOCATE GENERALSs.13 & 5, Sched.---suit for recovery of dower---Execution proceedings---Petitioner assailed orders of executing court and appellate court whereby both the courts below in proceedings for execution of decree refused to accept some other property as dower instead of the property...
-Payment of deferred dower---Payment of dower by husband was not established on record--
Citation Name: 2019 CLC 1462 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed SAJJAD HUSSAIN VS JUDGE FAMILY COURTS. 5, Sched.---suits for recovery of dowry articles by wife and for restitution of conjugal rights by the husband--Payment of deferred dower---Burden of proof---Scope---Plea of wife was that she had been divorced and husband claimed that he had not divorced the wife and had paid the...
--suit for declaration regarding land given as dower---Maintainability---
Citation Name: 2019 MLD 576 SUPREME-COURT-AZAD-KASHMIRBookmark this Case Syed IQBAL SHAH VS Syeda TAHIRA BIBIS. 42---Azad Jammu and Kashmir Family Courts Act (XI of 1993), S.5---suit for declaration regarding land given as dower---Maintainability---Plaintiff-wife filed suit for declaration with regard to the land given to her as dower and also challenged therein the gift deed relating to the...
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