-S. 25---Custody of minor---Application of petitioner/father for custody of minor was rejected on the ground that the same be filed before Family Court---Contention of petitioner/father was that defendant/mother, after her second marriage had shifted to place 'R' and was residing with her second husband along with the minor, hence, custody of minor be handed over to father---Mother's plea was that...
Ss. 25 & 9 (1)---custody of minor ---Territorial jurisdiction ---Determination---Words 'minor 's ordinary place of residence" occurring in S.9(1), Guardians and Wards Act, 1890--
2017 YLR 994 KARACHI-HIGH-COURT-SINDH Side Appellant : FARAZ ALAMGIR Side Opponent : ADDITIONAL DISTRICT AND SESSIONS JUDGE VIIISs. 25 & 9 (1)---custody of minor ---Territorial jurisdiction ---Determination---Words 'minor 's ordinary place of residence" occurring in S.9(1), Guardians and Wards Act, 1890---Scope---Mother had gone abroad with the minor ---Father moved petition for...
-Subsection (1) postulates that no man, during the subsistence of an existing marriage, shall, except with the previous permission in writing of the Arbitration Council, contract another marriage
2023 YLR 2140Polygamy---Scope---Polygamy is a subject matter covered by S. 6 of the Muslim Family ⁰Laws Ordinance, 1961---Subsection (1) postulates that no man, during the subsistence of an existing marriage, shall, except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered...
Execution of decree passed by Family Court --- Decretal amount not paid by judgment - debtor --- Liability of surety , enforcement of -
2023 CLC 2169 Execution of decree passed by Family Court --- Decretal amount not paid by judgment - debtor --- Liability of surety , enforcement of --- Proceedings against the surety --- Contention of the petitioner / surety was that he stood surety only for a certain amount and not for entire satisfaction of decree , while said / certain amount had already been paid by him during execution proceedings...
Bare perusal of column No.5 and 5-A of Nikahnama Form (used in this case) makes it crystal clear that column No.5 required to mention that whether bride was maiden,.......
2023 MLD 2016Bare perusal of column No.5 and 5-A of Nikahnama Form (used in this case) makes it crystal clear that column No.5 required to mention that whether bride was maiden, a widow or a divorcee and column No.5-A of the Nikahnama Form required to mention that if bride is a widow or a divorcee and she has children then mention number and names whereas column No.21-A required to mention that...
Divorce proceedings --- Jurisdiction --- Parties had settled in USA , after their marriage in Lahore but relations became............
2023 CLC 2025 Divorce proceedings --- Jurisdiction --- Parties had settled in USA , after their marriage in Lahore but relations became strained and divorce proceedings were initiated before authorities in USA --- Petitioner defendant / husband initiated divorce proceedings under S.7 of Muslim Family Laws Ordinance , 1961 , before Union Council concerned in Lahore , Pakistan --- Respondent /...
Visitation schedule --- Welfare of minor --- Scope --- While deciding a guardian petition , including chalking of a visitation schedule , it is the ' welfare of the minor ' which is of paramount consideration --
2023 CLC 2110 Visitation schedule --- Welfare of minor --- Scope --- While deciding a guardian petition , including chalking of a visitation schedule , it is the ' welfare of the minor ' which is of paramount consideration --- Limited hours of meeting within the Court premises is the policy generally adopted by the Courts which is certainly not an appropriate solution inasmuch as it only enable...
Custody of minors --- Visitation schedule --- Modification of earlier visitation schedule chalked out by the Guardian Court --- Mother contracting second marriage -
2023 CLC 2110 Custody of minors --- Visitation schedule --- Modification of earlier visitation schedule chalked out by the Guardian Court --- Mother contracting second marriage --- Over night stay of minor with non - custodial parent , importance of --- Perusal of the visitation schedule revealed that the Trial Court had granted fortnightly overnight stay of the minor with the petitioner / father...
چچا کیخلاف دعوی نان ونفقہ دائر نہ ہو سکتا ہے
Muhammadan Law by D.F. Mulla is neither a statute nor a custom or usage, therefore, not binding on Courts. Claim of maintenance from grandfather and paternal uncle is on different principles of Islamic Jurisprudence, hence paternal uncle could not replace the grandfather, as defendant, after his death.Family.62482/22Mahnoor Shabbir through Sajida...
It is well settled principle that law helps the vigilant and not the indolent.
2023 MLD 2073It is well settled principle that law helps the vigilant and not the indolent.The Petitioner was granted fair opportunities to file written statement and pursue his case before the Court below, but he himself deliberately disappeared from scene despite having knowledge of the proceedings of “former suit” and no valid justification is set out by him regarding his said default even before...
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The preference of the minor in favour of his/her father cannot be the sole criterion in determining the welfare of the minor especially in case of a female child between the age of 10 to 15 years.
PLJ 2023 Lahore 912 The preference of the minor in favour of his/her father cannot be the sole criterion in determining the welfare of the minor especially in case of a female child between the age of 10 to 15 years. Held that one cannot lose sight of a very germane biological aspect of the matter concerning the puberty and the privacy of the minor. The care and concern, on part of a custodial...
16 سال سے کم عمر لڑکی کی شادی باطل نہ ہے اور نہ ایسا ازدواجی تعلق زنا (Rape) کے زمرے میں آتا ہے۔ بیان زیر دفعہ 164 ض ف قلمبند کرنیکا طریقہ کار۔
Legal age to enter into matrimonial tie.Consequences of marrying a girl who has not yet attained the minimum age provided by the law to enter into a matrimonial contract. In this regard, suffice it to say that it is a consistent view of Constitutional Courts of our Country that if a person marries an underage girl, the relevant law providing...
It is settled law that where parentage of a child cannot be easily ascertained, it is generally presumed either from express acknowledgment by the father or from a course of treatment given by the father in his lifetime.
It is settled law that where parentage of a child cannot be easily ascertained, it is generally presumed either from express acknowledgment by the father or from a course of treatment given by the father in his lifetime.Civil Revision-Civil Revision (Against Decree)479-D-01Zainab Bibi VSAbdul Aziz Mr. Justice Ahmad Nadeem Arshad25-10-2023 2023...
Mehr (dower) must be paid when demanded by the wife.
Compensatory costs imposed on. Failure to pay it.C.P.2734-L/2023 Khalid Pervaiz v. Samina, etc Mr. Justice Qazi Faez Isa 20-11-202304-12-2...
The petitioner being real father filed guardianship petition for custody of his minor daughter on the ground that respondent-mother has remarried and,..........
The petitioner being real father filed guardianship petition for custody of his minor daughter on the ground that respondent-mother has remarried and, hence, violated the agreement between the parties upon their dissolution of marriage that minor son will be kept by the petitioner-father while the respondent-mother will retain custody of the...
-Mode of payment of dower--Where no detail about mode of payment of dower is spelled out by parties in Nikahnamma or marriage contract, entire......
PLJ 2023 Lahore 844Present: Abid Aziz Sheikh, J.SAMINA--PetitionerversusADDITIONAL DISTRICT JUDGE etc.--RespondentsW.P. No. 5278 of 2021, heard on 24.5.2023.Family Courts Act, 1964 (XXXV of 1964)------S. 14--Suit for recovery of maintenance allowance and dower--Decreed to extent of maintenance allowance--Decree was not challenged by petitioner--Decree was attained finality--Appeal--dismissed--Prompt...
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