2023 MLD 1000Law maintains a distinction between custody and guardianship and respective rights and obligations in that regard under the Guardian and Wards Act, 1890. The definition of ‘guardian’ in section 4(2) appears to include the concept of custody, unless the same has been exclusively awarded by the court to a party who is not the guardian of a minor. Custody under the Act involves a right...
--S. 10(4)--Khula--Unique right--Determination--Legal differences between talaq and khula--Grant of khula by ordinary Courts of law--
PLJ 2023 Cr.C. 513 (DB)[Federal Shariat Court]Present: Dr. Syed Muhammad Anwer, ACJ and Khadim Hussain M. Shaikh, J.KHURRAM SHEHZAD--PetitionerversusFEDERATION OF PAKISTAN through Ministry of Law and Justice Commission of Pakistan, Islamabad and another--RespondentsShariat Petition No. 11-I of 2022, decided on 7.2.2023.Family Courts...
Report of Finger Print Bureau clearly mentioned that Nikahnama did not bear the signatures of the respondent.
2020 CLC 1178Report of Finger Print Bureau clearly mentioned that Nikahnama did not bear the signatures of the respondent. Respondent in her plaint as well as evidence had categorically denied having entered into nikah with the petitioner and had stated that she was abducted and raped by the petitioner. Petitioner was required to prove the authenticity of the Nikahnama when the same was denied...
Recovery of Dower Amount .
Per Section 10(5) of the West Pakistan Family Courts Act, 1964, in a suit for dissolution of marriage, if reconciliation fails, the Family Court shall immediately pass a decree for dissolution of marriage and in case of dissolution of marriage through khula, may direct the wife to surrender up to fifty percent of her deferred dower or up to twenty-five...
The petitioner (grandfather) was never party to the suit.
There is no cavil that in terms of para 370 of Muhammadan Law by D.F Mulla's, a grandfather in certain circumstances is bound to maintain his grandchildren but obligation of the grandfather to maintain his grandchildren is hedged with certain conditions. In order to understand the matter in issue in better terms, para 370 of Muhammadan Law by D.F....
Alienation of immovable property of Minor by "de facto guardian".
Suit for specific performanceC.A.32-K/2018Muhammad Aqil v. Muhammad Amir and others Mr. Justice Ijaz ul Ah...
Article 103 speaks about the time period of three years by a muslim for exigible dower (mu’ajjal) “when the dower is demanded and refused or where, during the continuance of the marriage no such demand has been made when the marriage is dissolved by death or divorce.”
2023 SCMR 1072Article 103 speaks about the time period of three years by a muslim for exigible dower (mu’ajjal) “when the dower is demanded and refused or where, during the continuance of the marriage no such demand has been made when the marriage is dissolved by death or divorce.” Whereas Article 104 speaks about the time period of three years by a muslim for deferred dower (mu’wajjal) “when...
Hindu personal law --- Maintenance --- Grandfather , responsibility of --- Bait - ul - Mal , propose of who were children of his deceased son --
PLD 2023 SINDH 214Hindu personal law --- Maintenance --- Grandfather , responsibility of --- Bait - ul - Mal , propose of who were children of his deceased son --- Petitioner was Jurisdiction --- Petitioner was grandfather of respondents / minors directing petitioner to pay monthly maintenance allowance to aggrieved of judgment and decree passed by Trial Court necessities of life such as food...
Any suit pointing a finger at any entry of the Nikahnama instituted before and pending trial or filed.....
2023 SCMR 1002Any 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.Causes emanating from different jurisdictions cannot...
A. Whether columns No. 13 and 16 of Nikahnama are to be read separately or in conjunction with each other?
2023 CLC 1021Ans. There is no cavil that marriage is a civil contract, which has for its object, the procreation and the legalizing of children and dower or “Mehr” is the sum of money or other property which the wife is entitled from the husband in consideration of the marriage. It is anobligation imposed upon a husband as a mark of respect to the wife and where a claim is made under a contract...
--Suit for recovery of maintenance allowance and dowry articles--Decreed--Appeals--modification in judgment--Maintenance allowance was reduce while value of dowry articles was enhanced-
PLJ 2023 Lahore (Note) 58[Multan Bench, Multan]Present: Sohail Nasir, J.Mst. SAMAR NASEEM & another--PetitionersversusADDITIONAL DISTRICT JUDGE, VEHARI and 2 others--RespondentsW.P. No. 1995 & 933 of 2016, heard on 4.11.2021.Muslim Family Laws Ordinance, 1961 (VIII of 1961)------Ss. 9 & 10--Limitation of Pakistan, 1973, Art. 199--Suit for recovery of maintenance allowance...
In appropriate cases, learned Family Courts to consider principle of appreciation in value of certain dowry articles: In present case, alternate value of car given in dowry was fixed as Rs.2,285,000/- by the learned Appellate Court below
In appropriate cases, learned Family Courts to consider principle of appreciation in value of certain dowry articles: In present case, alternate value of car given in dowry was fixed as Rs.2,285,000/- by the learned Appellate Court below that is the amount, which was paid by the father of respondent No.3 when the car was booked in the year 2017,...
Subscribe to:
Posts (Atom)
