P L D 2022 Supreme Court 32Guardians and Wards Act (VIII of 1890)-------Ss. 17 & 25---Custody of minors---Preferential right---General principle and exceptions---As a general principle the degree of preference was confined to relationship depending upon the order of preference due to closeness of blood relationship and other aspects which were essential in upbringing of the minors within...
---S. 5, Sched.---Muslim Family Laws Ordinance (VIII of 1961), Ss.9 & 10---Dower (mehr)---Entries in columns Nos.13 and 16 of the Nikahnama--
P L D 2022 Supreme Court 686Family Courts Act (XXXV of 1964)-------S. 5, Sched.---Muslim Family Laws Ordinance (VIII of 1961), Ss.9 & 10---Dower (mehr)---Entries in columns Nos.13 and 16 of the Nikahnama---Entries in said columns are to be interpreted on the basis of the intention between the parties rather than the headings of the columns, in particular when there is a dispute between the...
S. 491---Habeas corpus---Custody of minor---Right of hizanat---Scope---Petitioner being mother of minor, aged about 2 years, sought his recovery from the illegal and improper detention of minor's father-
2020 M L D 1891S. 491---Habeas corpus---Custody of minor---Right of hizanat---Scope---Petitioner being mother of minor, aged about 2 years, sought his recovery from the illegal and improper detention of minor's father---First right of hizanat regarding custody of minor laid with the petitioner---Petitioner had claimed that the minor was snatched from her custody---Petitioner had also appended...
--Petitioner mother impugned orders passed under S.491, Cr.P.C. and S.25 of Guardians and Wards Act, 1890 whereby custody of her minor children was given to father and stepmother-
2021 M L D 957Guardians and Wards Act (VIII of 1890)-------Ss.25 & 12 ----Criminal Procedure Code (V of 1898), S.491---Custody of minors---Habeous corpus---Welfare of minors, determination of---Petitioner mother impugned orders passed under S.491, Cr.P.C. and S.25 of Guardians and Wards Act, 1890 whereby custody of her minor children was given to father and stepmother---Contention of petitioner,...
Ss. 4, 6 & 7---Parents' right to Evict children---Trial---Appeal---Scope---Under subsection (2) of S. 4, if a child had failed to vacate the house a written complaint ................
PLD 2022 Lahore 559Ss. 4, 6 & 7---Parents' right to Evict children---Trial---Appeal---Scope---Under subsection (2) of S. 4, if a child had failed to vacate the house a written complaint can always be filed before the Deputy Commissioner by such parent and upon receipt of such complaint, the Deputy Commissioner after his satisfaction and hearing the parties to the effect that ownership vests...
Columns No.13 and 16 of the Nikkahnama to be interpreted on the basis of the intention between the parties rather than the headings of the columns, in particular when there is a dispute between the value of the dower and items.
PLD 2022 Supreme Court 686Needless to say that Nikahnama is a deed of marriage-contract entered into between the parties, husband and wife, and the contents of its clauses/columns, like clauses of other contracts, are to be construed and interpreted in the light of intention of parties. The High Court has rightly ascertained the intent of the parties for mentioning four Kanal agriculture land...
Consideration where custody is concerned is the welfare of the minor, that is to consider what is in the best interest of the child.
Time and again, Supreme Court has held that the paramount consideration where custody is concerned is the welfare of the minor, that is to consider what is in the best interest of the child. The court’s jurisdiction in custody cases is in the form of parental jurisdiction which means that the court must consider all factors from the parents’...
-S. 4--Children of predeceased son---Right to inherit--Only orphaned grandchildren had been granted right to inherit from their grandparents.
PLJ 2022 Islamabad 143Muslim Family Laws Ordinance, 1961 (VIII of 1961)------S. 4--Children of predeceased son--Right to inherit--Preliminary decree--Family registration certificate--Question of whether widows of pre-deceased children of propositus could be extended benefit under Section 4 of MFLO by granting them rights of inheritance from estate of parents of their pre-deceased spouses--Intention...
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