2023 MLD 1928After the promulgation of the Ordinance, 1961, West Pakistan Family Courts Act, 1964 (hereinafter referred to as the Act, 1964) was enacted which shows that without any ambiguity the Muslim Family Laws Ordinance, 1961, an earlier statute, was not only kept intact but it was given an overriding effect on any other statute on the...
--Custody of minor---Right of hizanat-Scope---Petitioner being mother of minor, aged about 2 years, sought his recovery...........
2020 MLD 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 her...
No doubt Section 11(3) of the Family Court Act provides that the parties or their counsels may further examine, cross examine or re-examine the witnesses, however,.....
2023 MLD 1968No doubt Section 11(3) of the Family Court Act provides that the parties or their counsels may further examine, cross examine or re-examine the witnesses, however, it has been held by the Hon’ble Supreme Court of Pakistan that such provisions are not meant and designed for enabling a party to fill up the omissions in the evidence of witness who has already been examined, due to...
New citation on 491 crpc improper custody,
Custody of minor/children was handed over to father.Citation Name : 2020 YLR 1533 LAHORE-HIGH-COURT-LAHORE Side Appellant : ABID HUSSAIN Side Opponent : RUKHSANA MUNIRS. 491 ---Habeas corpus---Custody of minors---Minors, foreign nationals---Foreign judgment---Scope---Petitioner filed petition under S.491 , Cr.P.C. for issuance of an appropriate order with direction in the nature of habeas...
Sec 7 & 25. Custody of minor children after death of their mother-Father as natural guardian of minors in ...........
2018-SCMR-590.Guardians and Wards Act-VII of 1890.Sec 7 & 25. Custody of minor children after death of their mother-Father as natural guardian of minors in comparison of maternal grand mother.Petitiiner/father was natural guardian of children after their monther's death.On account of their respective ages, the right if Hazanat of the minors no longer vested in their maternal grand mother.Children...
- Any gift given to the groom at the time of engagement , cannot be treated as part of the dowry as the same..............
PLD 2023 Lahore 669 Dowry articles -- Meaning --- Any gift given to the groom at the time of engagement , cannot be treated as part of the dowry as the same is not the property of wife rather ownership vests with the husband -- Dowry is only such articles that are given at the time of marriage to the bride and not the gifts to the bridegroom at the time of engagement...
Section 9(2) of the Family Courts Act, 1964 („Act‟) clearly provides that where a defendant relies upon a document in his possession or power, he shall produce it or ..........
Section 9(2) of the Family Courts Act, 1964 („Act‟) clearly provides that where a defendant relies upon a document in his possession or power, he shall produce it or copy thereof in the Court along with the written statement. Sub-section (4) of Section 9 ibid requires copies of the documents referred to in subsection (2) to be given to the plaintiff...
طلاق ، خلع ، عدت اور حلالہ کے بارے وفاقی شرعی عدالت کا تازہ ترین تفصیلی فیصلہ
PLD 2023 FSC 286Islamic law --- Khula ' and ' Talaq ' --- Distinction between their legal effect --- ' Halala ' -- Scope --- According to Shariah , Khula operates as a single irrevocable divorce , which means that both the spouses can contract a fresh marriage with mutual consent , of course if they want to , without any intermediary marriage of the wife with another person , which is known...
عورت کے حق خلع پر وفاقی شرعی عدالت کا تازہ ترین انتہائی عالمانہ فیصلہ
I) Whether the right of Khula is an absolute right of a woman in Islam and what are the requirements that are necessary to obtain Khula? II) Whether a Judge can grant Khula when so demanded by a wife of a person and the husband is not agreeing to grant it to his wife? These are considered by scholars of Ahadith as the basic Ahadith that explain...
Dower admittedly fixed as Rs.500,000/- and 25 tola gold ornaments in the light of Entry against Column No.15 of the nikahnama between the parties, which ...
The nub of the matter is the contest between the parties in respect of the prompt dower admittedly fixed as Rs.500,000/- and 25 tola gold ornaments in the light of Entry against Column No.15 of the nikahnama between the parties, which in the instant case has been crossed by putting an oblique/cross line. As per respondent's case, the prompt dower was...
PLD 2023 Lahore 669. Suit for recovery of dowry articles --- Alternate price of dowry articles --- Appreciation of value of dowry , articles --- Scope --- Husband's ( petitioner ) case was that there was no evidence that the car was given at the time of marriage as part of the , dowry and that the Appellate Court had wrongly decreed the suit --- Wife's ( respondent ) case was that alternate price...
EFFECT OF ENTRIES IN NIKAHNAMA
Column No. 13 of Nikahnama. Dower amount was mentioned as Rs. 80000/- whereas in Col. No. 14 of amount Rs. 500/- was mentioned, in Col. No. 15 it was mentioned that in case of Talaq without any cause to the plaintiff or contracting 2nd marriage, the defendant shall pay an amount of Rs. 80000/- Defendant in circumstances, was liable to pay R. 80000/- to the plaintiff on account of dower amount*Reliance...
Muslim Family Laws Ordinance 1961. S. 6 --- Provisions of Evidence Act and Code of Civil Procedure not to apply --- Family Court as Judicial Magistrate --
2003 YLR 2140 Muslim Family Laws Ordinance 1961. S. 6 --- Provisions of Evidence Act and Code of Civil Procedure not to apply --- Family Court as Judicial Magistrate --- Criminal proceedings --- Scope --- Section 17 ( 1 ) provides that the application of Qanun - e - Shahadat , 1984 , is excluded in respect of proceedings on matters falling in Part I of the Schedule to the Family Courts Act ,...
Family Court as Judicial Magistrate --- Scope --- Section 20 of the Family Courts Act , 1964 , deems the Family Court to be the Judicial Magistrate of .....
2023 YLR 2140 Family Court as Judicial Magistrate --- Scope --- Section 20 of the Family Courts Act , 1964 , deems the Family Court to be the Judicial Magistrate of the first class under the Code of Criminal Procedure , 1898 , for taking cognizance and trial of any offence , inter alia , under the Muslim Family Laws Ordinance , 1961 --- Cognizance of such an offence can be taken on the complaint...
Suit for recovery of maintenance allowance of minor --- Quantum --- Financial status of father --- Poverty --
2023 YLR 2233 Suit for recovery of maintenance allowance of minor --- Quantum --- Financial status of father --- Poverty --- Contention of the defendant was that he , being a driver , was a poor person having no stable source of income --- Validity --- Mere poverty was no ground for interference in the order passed by the Family Court passing decree far maintenance allowance of the minor to the...
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