W.P. No. 18625 of 2016Mst. FARIDA BIBI etc versus JUDGE FAMILY COURT etc.2024 M L D 145PLJ 2023 Lahore 154It is legal as well as moral right of every minor/child that he be brought up in healthy atmosphere and be brought up with the feelings of self-respect alongwith educational necessities and it is duty of the father to bring up his children as per his financial status. It is settled principle...
- Maintenance of minor Grandfather , obligation of --- Scope --- Decree for maintenance of minor passed against the father of a child by the Fami Court --
PLD 2024 Supreme Court 67BASHIR AHMAD versus ADDITIONAL DISTRICT JUDGE , HAFIZABAD and others --- --- Maintenance of minor Grandfather , obligation of --- Scope --- Decree for maintenance of minor passed against the father of a child by the Fami Court --- Such decree cannot be executed against the grandfather --- Child has to institute a suit for maintenance against his grandfather , in case...
Dower (Mehr) , recovery of --- Failure of husband to pay dower (mehr) --- Compensatory costs imposed on husband -
2024 S C M R 142KHALID PERVAIZ versus SAMINA and others ---Civil Petition No. 2734-L of 2023 Dower (Mehr) , recovery of --- Failure of husband to pay dower (mehr) --- Compensatory costs imposed on husband --- Trial Court directed the husband/petitioner to pay to the wife/respondent the mehr (of Rs . 500,000 / - mentioned in the Nikahnama ) and maintenance with annual increase of ten percent...
دوران عدت شادی ناجائز ہے۔ایسا نکاح باطل ہو گا
1992 SCMR 1273ALLAH DAD versus MUKHTAR and anotherMarriage contracted during period of Iddat is invalid. A marriage contracted during the period of `Iddat' is not merely an irregular marriage, it has been termed by the Muslim Jurists as Batil (void). Even if is held to be irregular, it is still an invalid marriage, for both the irregular (Fasid)...
ایسا اقرار نامہ جو والدہ کے اپنے بچوں کے حق حضانت سے دستبرداری کی بابت ہو سراسر غیر قانونی ہے
The delivery of Mahr is one such right, the dutY of which is bestowed upon the husband for the financial support and stability of his wife. Such entitlement to dower has the origin in the HoIy Quran, and the inspiration of the same entitlement has been made part of the statutory law.Para 352 (5) of the Muhammadan Law provides that the mother...
دادا کن حالات میں خرچہ نابالغان ادا کرنے کا پابند ہے
Grandfather when is affluent, then the obligation to maintain children lies on the grandfather but only when father is poor, infirm and incapable of earning by his own labour and mother is also poor. Fixing quantum of maintenance always requires to strike a balance between needs of minors and earnings of a father as well as his other sources. The award in favour of minors should not be incompatible...
لے پالک (گود لیے گئے) بچے کی شرعی و قانونی حیثیت کے بارے لاہور ہائیکورٹ کا نہایت معلوماتی رہنما فیصلہ
The adoption of child has no legal effect in Shariah rather it is for emotional and psychological satisfaction. The adoptive parents may treat an adopted child as their natural child in the matters of love, affection and general behaviour. The adoption of a child with the purpose of providing shelter to him is virtuous and carries much reward for welfare...
Family/Dissolution of Marriage on the Ground of Khulla .
With regard to the question raised before us by the petitioner as to whether Family Courts in Pakistan have jurisdiction to entertain the case when the plaintiff/wife is a dual citizen of Pakistan and the USA and is residing in the USA at the time of the institution of the suit, whereas, the husband is national and permanent resident of Pakistan....
Kidnapping , abducting or inducing woman to compel for marriage etc .--- Pre - arrest and post arrest bail , grant of --- Further inquiry --- According to the prosecution case , the alleged victim was abducted -
SALMAN MUSHTAQ and others versus The STATE through P.G. Punjab and anotherCriminal Petitions Nos . 1121 and 1128 of 2023.2024 S C M R 14 Kidnapping , abducting or inducing woman to compel for marriage etc .--- Pre - arrest and post arrest bail , grant of --- Further inquiry --- According to the prosecution case , the alleged victim was abducted -- However , according to the petitioners ( accused...
دادا کیخلاف خرچہ نان ونفقہ کے موضوع پر سپریم کورٹ کا رہنما فیصلہ
PLD 2024 SUPREME COURT 67Decree for maintenance passed against the father of a child cannot be executed against the grandfather, and the child has to institute a suit for maintenance against his grandfather, in case no property of his father, the judgment debtor, is found for the execution of the decree.‘Doing what is right may still result in unfairness if it is done in the wrong way.’ The...
Divorce‑‑‑Iddat‑‑‑Period of Iddat starts from date of judgment and decree of the Court.
1999CLC514[Lahore]Before Mrs. Fakhar‑un‑Nisa Khokhar, JMst. MAHPARA‑‑‑PetitionerversusS. ARSHAD MAHMOOD and another‑‑‑RespondentsWrit Petition No.5974 of 1997, heard on 8th October, 1998(a) West Pakistan Family Courts Act (XXXV of 1964)‑‑‑‑‑‑‑S. 3‑‑‑Constitution of Pakistan (1973), Art.199‑‑‑Constitutional petition‑‑ Supervisory jurisdiction of High Court‑‑‑Scope‑‑‑High Court has no supervisory...
--Suit for recovery of maintenance allowance and dower---Family Court had struck off the right of the husband (petitioner) to file written statement and cross-examine witnesses of the wife-
2012 CLC 1361 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD NADEEM VS JUDGE FAMILY COURTConstitutional petition--TERM , West Pakistan Family Court Act 1964--11 , West Pakistan Family Court Act 1964--17-A , West Pakistan Family Court Act 1964--5 , West Pakistan Family Court Act 1964--9 ,Ss. 17A, 11, 9 & 5---Constitution of Pakistan, Arts.199 & 10A---Constitutional petition---Suit...
The subject of polygamy is governed by the provisions of section 6 of the Ordinance.
From perusal of above provisions of law, it is manifest that according to sub-section (1) of section 6 ibid, 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...
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 912The 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...
Ordinary Residence of Minor.
P L D 1970 Lahore 596Before Karam Elahee Chauhan, JMUHAMMAD SIDDIQUE SIDDIQI---ApplicantVersusMst. AZIZ BIBI AND 3 OTHERS‑--RespondentsFirst Appeal from Order No. 23 of 1967, decided on 7th May 1969.(a) Guardians and Wards Act (VIII of 1890),S. 9 (1)---Jurisdiction of Courts‑--Expression "ordinarily resides"‑--Meaning explained.In section 9(1), of...
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