2023 MLD 914In terms of Article 175(2) of the Constitution, no court has any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law. Jurisdiction of the Family Court to entertain, hear and adjudicate upon matters specified in Part I of the Schedule to the Family Courts Act, 1964 (‘Act’) is governed by Section 5 of the Act. The matters specified in the Schedule...
Section 17 of the Guardian and Wards Act, 1890 requires the Court to consider welfare of the minor while appointing a guardian keeping in view the age, gender and religion of the minor.
2023 MLD 1000Section 17 of the Guardian and Wards Act, 1890 requires the Court to consider welfare of the minor while appointing a guardian keeping in view the age, gender and religion of the minor. Undisputedly, the parties and the minors in the instant case are Muslims by faith. In Muhammadan Law, the mother is entitled to the custody (Hizanat) of her female children until they attained puberty.It...
Report regarding false entry in Nikahnama had no legal basis and stipulations in Nikahnama are construed on the basis of intentions of the parties irrespective of their placement in the columns of Nikahnama.
Petitioner was held entitled to dower by reversing concurrent Judgments and Decrees of the Courts below as Inquiry Report regarding false entry in Nikahnama had no legal basis and stipulations in Nikahnama are construed on the basis of intentions of the parties irrespective of their placement in the columns of Nikahnama.Family 38446-16MST. ANIZA...
Where the Judge Family Court had decreed the suit for maintenance allowance against grandfather of the minor .....
2023 YLR 1106Where the Judge Family Court had decreed the suit for maintenance allowance against grandfather of the minor on wrong premise by treating him as his father instead of grandfather, said judgment being against the principle of fair trial was not sustainable. Case is remanded for decision afre...
-S. 22-A/22-B/25--Second marriage without divorce to petitioner--Dismissal of petition--Independent statutory remedy-
PLJ 2023 Lahore 129Present: Tariq Saleem Sheikh, J.SHAHZAD--PetitionerversusEX-OFFICIO JUSTICE OF PEACE etc.--RespondentsW.P. No. 80439 of 2021, heard on 30.3.2022.Criminal Procedure Code, 1898 (V of 1898)------S. 22-A/22-B/25--Second marriage without divorce to petitioner--Dismissal of petition--Independent statutory remedy--Petitioner previously moved an application before Ex-officio...
Both husband and wife got recorded their statements before the court that they had settled the matter in terms of compromise deed placed on record.
2018 CLC Note 112Both husband and wife got recorded their statements before the court that they had settled the matter in terms of compromise deed placed on record. After five months of passing of orders for disposal of matter on basis of compromise, the husband challenged the same by denying his thumb impressions on compromise deed as well as on the sideline of court order sheet and the matter...
Stealing household articles -- Complainant was husband of the sister of the accused , and she had filed a suit for recovery of dowry articles which was decreed ex -
2023 SCMR 967Stealing household articles --- Pre - arrest bail , confirmation of --- Mala fide of complainant --- Complainant was husband of the sister of the accused , and she had filed a suit for recovery of dowry articles which was decreed ex - parte and in the execution proceedings , the bailiff was appointed to recover the said articles --- On the date of occurrence of present FIR...
-Concealment of second marriage by respondent---She will bear expenses of rent of house but petitioner stated that he can only keep Respondent in his village separately-
PLJ 2023 Lahore (Note) 43[Multan Bench, Multan]Present: Abid Hussain Chattha, J.ABDUL KAREEM--PetitionerversusADDITIONAL DISTRICT JUDGE, DISTRICT VEHARI and 2 others--RespondentsW.P. No. 14694 of 2022, decided on 3.10.2022.Family 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...
--Entries in Column No. 16 of nikahnama--Amount of dower was mentioned in column No. 11--Misreading of column No. 16 by Courts below-
PLJ 2023 Lahore (Note) 35Present: Shahid karim, J.ZAKIR ABBAS--PetitionerversusADDITIONAL DISTRICT JUDGE, LAYYAH etc.--RespondentsW.P. No. 13317 of 2018, decided on 26.3.2019.Constitution 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...
-Suit for dissolution of marriage, recovery of maintenance allowance and dower and dowry articles--Decreed-
PLJ 2023 Lahore (Note) 34[Multan Bench, Multan]Present: Anwaar Hussain, J.Syed MUHAMMAD IMRAN SHAHZAD--PetitionerversusADDITIONAL DISTRICT JUDGE etc.--RespondentsW.P. No. 2488 of 2022, heard on 27.9.2022.Muslim 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...
Suit for dissolution of marriage --- Grounds for decree for dissolution of marriage --- Divorce on the basis of khula -
PLD 2023 ISLAMABAD 135Suit for dissolution of marriage --- Grounds for decree for dissolution of marriage --- Divorce on the basis of khula --- Scope --- Where the wife had stated in her plaint that she had faced agony at the hands of the husband and that it was not possible for her to live with him while abiding by the limits of Allah ; the parties had been living separately for years ; the...
Dower is a gift given by the bride groom to the bride.However , the Holy Quran is silent on the two types of dower
1. Promp dower2. Defferred dower2009 SCMR1458but under Islmic Lawprimarily the dower is in the nature of (prompt)i.e payable immediately on deman and ( deffered ) which becomes due to the wife on dissolution of marriage by death or divorce etc.PLD 2006 lah 158...
--Suit for recovery of maintenance allowance--Decreed--Deprivation from previous maintenance allowance--Suckling baby-
PLJ 2023 Lahore 154Present: Safdar Saleem Shahid, J.Mst. FARIDA BIBI etc.--PetitionersversusJUDGE FAMILY COURT etc.--RespondentsW.P. No. 18625 of 2016, heard on 13.1.2022.Muslim Family Laws Ordinance, 1961 (VIII of 1961)------S. 9--Constitution of Pakistan, 1973, Art. 199--Suit for recovery of maintenance allowance--Decreed--Deprivation...
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