Lahore High Court elaborated the meaning and import 

WEST PAKISTAN FAMILY COURTS ACT, 1964

In this judgment, The Honourable Lahore High Court elaborated the meaning and import of the term ‘maintenance’ and held that to maintain his child was obligation of the father and his responsibility could not be absolved merely on the basis that the mother was an earning-hand. The Learned Court also laid down the principles for determination of quantum of maintenance allowance and held that intent and purport of maintenance allowance to a minor child was to enable her/him to continue living at least, in the same state of affairs as the child was used to live prior to separation/divorce amongst the parents and it would be quite unjust and against the norms of propriety if due to separation amongst the parents the child was to relegate to a lower level of living standard or he/she is declined the level or standard of education which was being achieved by him/her prior to such happening i.e. separation of parents. At the same time, there was no escape from the fact that financial status of the father is also to be taken into consideration while awarding maintenance.

 (2015 MLD 11)

Recovery of dowry

The decree for recovery of dowry articles in alternative. Having been expressed in the alternative, the decree does not become a decree for money simpliciter for the amount stated therein. This because the price of dowry articles fixed in the alternative by the decree under execution represents their market value as on the date of decree. Such market value of the decretal dowry articles cannot remain static endlessly, therefore the alternative monetary direction in the decree cannot remain fixed after lapse of reasonable time. In terms of law, the proceedings of the learned Family Court, whether as a trial court or an executing court, are governed by the general principles of equity, justice and fair play. The order of the judge Family Court/executing Court, “[---] It is made clear that golden ornaments mentioned at Sr. No.23 shall be paid either in the shape of golden ornaments or in alternative price thereof as per market value of the gold at the date of its payment” was upheld by the Supreme Court. 
2017 S C M R 321 [Supreme Court of Pakistan]

Restored the annual increase in maintenance

The Court restored the annual increase in maintenance for minor at 10% by virtue of S. 17-A of the Family Courts Act, 1964 [as substituted by the Family Courts (Amendment) Act (XI of 2015)] as the maintenance was to be increased at the rate of ten percent each year. The conclusion arrived at by the High Court to the extent of reduction of the award of annual increase from ten to five percent was modified.

2016 S C M R 2069 [Supreme Court of Pakistan]

نکاح نامہ میں لکھی گئی پراپرٹی

۔۔۔۔۔ نکاح نامہ میں لکھی گئی پراپرٹی حق مہر یا گفٹ کے ضمرہ میں آتی ہے اور فیملی کورٹ اس حوالہ سے ڈکری پاس کرسکتی ہے۔ *مسماۃ یاسمین بی بی بنام محمد غضنفر خان وغیرہ* Verified Citation: *PLD 2016 SC 

Non-payment of dower or paid on first night

Section 5 of west Pakistan family court Act (XXXV of 1964) — article 199 of constitution Petition – suit for recovery of maintenance allowance and dower was decreed – contention of husband was that he had stated before the family court that dower had been paid to the wife on the wedding night therefore, finding of courts below were incorrect – validity – mere statement before family court could not be considered as proof of payment of dower and the husband was bound to prove the same though evidence – in absence of cogent evidence, simple statement could not be considered as a proof and in such a case the onus would not shift to the wife to disprove the claim of the husband – dower in fact was a debt against the husband in case the dower amount is not paid the wife would have right to refuse the performance of her marital obligations – once it was proved that the dower had not been paid the wife would be entitled to sty away from the husband and the husband would be bound to pay maintenance to the wife – husband in the present case did not prove that he had paid dower to his wife therefore the wife was entitled to receive maintenance allowance


2013 CLC ( Islamabad) 1085





section 7(6) of Muslim Family Law Ordinance 1961

section 7(6) of Muslim Family Law Ordinance 1961
Pronouncement of talaq by court would amount to single divorce and husband would be at liberty to marry the wife again after solemnization of nikah without intervention of a third person – section 7(6) of the Muslim Family Law Ordinance 1961 did not debar wife whose marriage had been terminated by divorce under section 7 of the said ordinance from remarrying the same husband without intervening marriage with a third person.






PLD 2013 Lahore 88 
PLD 2010 Karachi 131 





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