Family court passed ex parte decree in favour of wife to the extent of maintenance allowance for herself and for the minor whereas her claim of dower and gold ornaments was declined---Wife-plaintiff did not challenge the said decree and filed execution petition wherein husband-defendant moved an application for setting aside ex parte judgment and decree which was accepted---family court finally...
Minors filed suit for maintenance allowance against their father which was decree d---Judgment debtor (father) was sent to civil prison till the satisfaction of decree and property belonging to the grandfather was ordered to be attached--
PLD 2016 Lah. 622 * Minors filed suit for maintenance allowance against their father which was decree d---Judgment debtor (father) was sent to civil prison till the satisfaction of decree and property belonging to the grandfather was ordered to be attached---Contention of grandfather was that he was not party to the suit and decree could not be executed against him---Validity---Liability...
Custody of minor --- Mother contracting second marriage -
Custody of minor --- Mother contracting second marriage --- Mother remarrying does not automatically tear her under the law from the custody of her children --- Holistic reading of the relevant Islamic principles , the Convention on the Rights of the Child , and Convention on the Elimination of All Forms of Discrimination Against Women leads to the conclusion that there is no legal justification...
Complete citations on Family Execution,
* Decree passed by the family court had to be executed either by the court which had passed the same or by any other civil court as directed by the District Judge through a special or general order---Executing court had to follow the procedure contained in civil Procedure Code, 1908---decree for restitution of conjugal rights would become inapplicable of execution if wife had proved non-payment...
(i) Khula is a basic right of a woman under Muslim family law, (ii) Khula can only be granted by the court if she seeks the same in express terms, (iii) For the grant of Khula, her consent is vital.
Where a woman files suit for dissolution of marriage under the grounds of Dissolution of Muslim Marriage Act or through khula, there are procedural distinctions. Firstly, under Section 2 of the DMMA, various grounds (cruelty, assault, ill-treatment, etc.) are provided for judicial pronouncement of dissolving the marital relationship, which is also...
According to section 6(2A) of the Muslim Family Laws Ordinance, 1961, the Nikah Registrar or the person who solemnizes a Nikah shall accurately fill all the columns of the nikahnama form with specific answers of the bride or the bridegroom.
According to section 6(2A) of the Muslim Family Laws Ordinance, 1961, the Nikah Registrar or the person who solemnizes a Nikah shall accurately fill all the columns of the nikahnama form with specific answers of the bride or the bridegroom. Moreover, according to section 5(5) of the said Ordinance, the form of nikahnama, the registers to be maintained...
ماں کی دوسری شادی اسکو بچوں کی حضانت سے محروم نہیں کرسکتی
2024 S C M R 486Custody of minor --- Mother contracting second marriage --- Mother remarrying does not automatically tear her under the law from the custody of her children --- Holistic reading of the relevant Islamic principles , the Convention on the Rights of the Child , and Convention on the Elimination of All Forms of Discrimination Against Women leads to the conclusion that there is no...
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.PLJ 2024 Lahore 135Present: Shahid Jamil Khan, J.MAHNOOR SHABBIR--AppellantversusADDITIONAL...
Custody of minor --- Right of Hizanat--- Iqrarnama/Agreement/Compromise made by the mother waiving her statutory right of Hizanat -
P L D 2024 Supreme Court 291Custody of minor --- Right of Hizanat--- Iqrarnama/Agreement/Compromise made by the mother waiving her statutory right of Hizanat --- Legality --- Mother is entitled to the custody ( Hizanat ) of her male child until he has completed the age of seven years and of her female child until she has attained puberty ---...
Suit for dissolution of marriage and recovery of dower ( ten tolas gold ornaments and one - third share of the house ) --- Dower , dispute over -
P L D 2024 Peshawar 25 Suit for dissolution of marriage and recovery of dower ( ten tolas gold ornaments and one - third share of the house ) --- Dower , dispute over --- Jurisdiction of the Family Court --- Scope --- Actionable claim --- Scope --- Dower was claimed against the defendant / husband on the basis Kabeen Nama ( marriage - deed ) according to which the husband had bound down himself...
ایسا اقرار نامہ جو والدہ کے اپنے بچوں کے حق حضانت سے دستبرداری کی بابت ہو سراسر غیر قانونی ہے
P L D 2024 Supreme Court 291 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 is entitled to the custody...
Unless possession of the immovable property constituting dower of a wife is given to her, and/or the share of the produce thereof is paid, in essence, the obligation to pay the dower has not been discharged by the husband
Unless possession of the immovable property constituting dower of a wife is given to her, and/or the share of the produce thereof is paid, in essence, the obligation to pay the dower has not been discharged by the husband, which precisely is the position in the present case. The conduct of the petitioner of delaying the payment of the agreed...
-- Mother and minor girl were living at a place / district different from the place / district where the father moved application for custody .... Guardian Court dismissed application of the petitioner / mother for setting aside ex - parte judgment and decree -
PLD 2023 Lahore 412Application for the custody of minor girl --- Due service --- Fair trial --- Service upon the defendant --- Presumption --- Mother and minor girl were living at a place / district different from the place / district where the father moved application for custody .... Guardian Court dismissed application of the petitioner / mother for setting aside ex - parte judgment and decree...
-It is imperative upon Family Court to send notice to defendant regarding grant of an exparte decree passed against him through process server or by registered post, acknowledgment due or through courier service or any other mode or manner as it deems fit--
PLJ 2023 Peshawar 44Present: Muhammad Faheem Wali, J.MUHAMMAD JALIL--PetitionerversusMst. NAGINA BIBI and others--PetitionersW.P. No. 35-D of 2022 with Interim Relief, decided on 22.9.2022.Civil Procedure Code, 1908 (V of 1908)------O.IX R. 13--Constitution of Pakistan, 1973, Art. 199--Suit for dissolution of marriage recovery of dower and maintenance allowance--Ex-parte decreed--Application...
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