PLJ 2023 Lahore (Note) 43Family Courts Act, 1964 (XXXV of 1964)------S. 14--Muslim Family Laws Ordinance, 1961, S. 9--Suit for recovery of maintenance allowance--Allegation of torture--Concealment of second marriage by respondent--Respondent had leveled allegation of torture upon petitioner and his family members--She was ready to reside with petitioner and perform her matrimonial obligations,...
The question which requires determination by this Court is that where a Nikah between the spouses has been performed, however, the marriage is not consummated as the Rukhsati has not taken place, in such an eventuality, whether a wife is entitled to maintenance allowance?
Under section 5 of the Muslim Family Laws Ordinance 1961 (Ordinance), every marriage solemnized under the Act has to be registered and once a man and a woman enters into a marital bond they become HUSBAND and WIFE. Section 9 of the Ordinance spells out that where a HUSBAND fails to maintain his WIFE, she in addition to seeking other legal remedies...
فیملی کورٹ کی ڈگری کا اجرا دائر کرنے کی کوئی معیاد نہ ھے۔
From the perusal of the provision of Sec. 13 of the Family Courts Act 1964 it appears that no limitation is provided for filing of an execution petition in family cases. No specific period of limitation for implementation of decree of dower can be fixed and whenever wife moves the legal forum for satisfaction of her right, husband is under legal...
Any suit pointing a finger at any entry of the Nikahnama instituted before and pending trial or filed subsequent to the amendment of 2015 in Family Courts Act shall be................
Any suit pointing a finger at any entry of the Nikahnama instituted before and pending trial or filed subsequent to the amendment of 2015 in Family Courts Act shall be deemed to have been filed as a family suit and to be tried or transferred or deemed to have been transferred to a family court if already being tried by such court. CIVIL PETITION...
The term "decree" is nowhere defined in the Family Courts Act, 1964. So for this purpose, recourse can be made to section 2 (2) of the Code of Civil Procedure (V of 1908), which defines the decree.
The term "decree" is nowhere defined in the Family Courts Act, 1964. So for this purpose, recourse can be made to section 2 (2) of the Code of Civil Procedure (V of 1908), which defines the decree. After having a glimpse of the definition of decree, no doubt left that a decree means the formal expression of an adjudication which, so far as regards...
--“Legal obligation”--Minors are entitled to be maintained by father in manner befitting status and financial condition of father and for this reason Family Court is under an obligation while granting maintenance allowance, to keep in mind financial condition and status of father--
PLJ 2023 Lahore 143Muslim Family Laws Ordinance, 1961 (VIII of 1961)------Ss. 8 & 9--Constitution of Pakistan, 1973, Art. 199--Suit for dissolution of marriage and recovery of maintenance allowance--Decreed--Held: Entitlement for lump sum for iddat period--Appeal of respondent was partially accepted--Modification in judgment--Financial status--Petitioner was not attached any document...
--Supreme Court observed that the Family Courts Act, 1964 does not provide the right of second appeal to any party to the proceedings; that..........
2023 SCMR 413Family suits---Practice of High Courts to entertain constitutional petitions in Family cases---Supreme Court observed that the Family Courts Act, 1964 does not provide the right of second appeal to any party to the proceedings; that the legislature intended to place a full stop on the Family litigation after it was decided by the appellate court, however, the High Courts routinely...
Guardians and Wards Act (VIII of 1890), Ss. 12, 25 & 47--Welfare of minors---Interlocutory order/interim order passed by the Family Court is not subject to revision or appeal or review--
2023 YLR 497 Guardians and Wards Act (VIII of 1890), Ss. 12, 25 & 47---Appeal against interlocutory order---Interlocutory order/interim order passed by the Family Court is not subject to revision or appeal or review---Provision of revision or appeal has been given to the final order of the Family Court---Under S.14(3) of the Family Courts Act, 1964, no appeal or revision lies against...
-Art. 199--Entries in Column No. 16 of nikahnama--Amount of dower was mentioned in column No. 11--Misreading of column No. 16 by Courts below--Interpretation of document--Concurrent findings-
PLJ 2023 Lahore (Note) 35Constitution of Pakistan, 1973------Art. 199--Entries in Column No. 16 of nikahnama--Amount of dower was mentioned in column No. 11--Misreading of column No. 16 by Courts below--Interpretation of document--Concurrent findings--Exercising of jurisdiction by Family Courts--Challenge to--Courts below have misread and misconstrued terms of column No. 16 which is closely...
-Suit for dissolution of marriage, recovery of maintenance allowance and dower and dowry articles--Decreed--Appeals--Dismissed--Consolidated judgment--Prompt dower and deffered dower--Modification in judgment--
PLJ 2023 Lahore (Note) 34Muslim Family Laws Ordinance, 1961 (VIII of 1961)------Ss. 8, 9 & 10--Constitution of Pakistan, 1973, Art. 199--Suit for dissolution of marriage, recovery of maintenance allowance and dower and dowry articles--Decreed--Appeals--Dismissed--Consolidated judgment--Prompt dower and deffered dower--Modification in judgment--Portion of dower which was determined by trial...
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