Right of father to see his children

Conditional order for visitation of minor subject to submission of surety bond. Right of father to see his children could not be curtailed by imposing condition of submission of sureties every time he had to meet his own children. If an order was passed by any court or tribunal in violation of law and without authority the same could be questioned by an aggrieved person by invoking constitutional jurisdiction of High Court.

2014 CLC 1168

Harm comes to the petitioners

   Mr. Nadeem Ahmed Malik files Vakalatnama on behalf of respondent No.1.  Same is taken on record.  Respondent No.1 is also present.  Petitioner No.1 states that she has married of her own freewill and states that she wants to go and live with her husband. 
                   She is an adult and is entitled to her liberties.  She may go wherever she wants.  Respondent No.3 and 4 are directed to ensure that no F.I.R is registered alleging abduction of petitioner No.1 by petitioner No.2 and if the petitioners need any protection, same is provided to them in accordance with the law.  Respondent No.1 is put on notice that if any harm comes to the petitioners, he would naturally be in the first suspect and would be dealt with in accordance with the law. 

Protection to the petitioner as and when required.

Official respondents No.1 and 2 have filed their comments stating therein that they have neither caused any harassment nor intend to do so and will provide protection to the petitioner as and when required.  Learned counsel has contended that SSP Jacobabad may be directed to recover detenue Zaheer Ahmed. SHO PS Dera Murad Jamali, states that Zaheer Ahmed is arrested by them in crime No.54/2012 and they will make disposal of the case in accordance with law within 14 days.

C.P. No.S- 398 of  2012

Suit for recovery of dowry articles

The suit for recovery of dowry articles was decreed against the petitioner by the learned Judge Family Court, Gujranwala. The appeal filed by the petitioner was also dismissed by the learned Additional District Judge, Gujranwala,. Hon’ ble High Court dismissed the constitutional petition and observed about Problematic and Crucial social custom as under:-

“In Punjab we are confronted with two diverse situations. One, in which the parents are bounded by the cruel custom obliging them to give articles of dowry to their daughters beyond their financial capacity. From the day a girl takes birth, her mother reserves a box for her for depositing whatever the articles of dowry she can stealthily buy for this prospective bride. No receipt regarding the purchase of these articles is prepared or kept. The other is the case of the real wretched and downtrodden class of the people who could not think of preparing the articles of dowry for their daughters at any cost. They are too destitute to do it. The day of their daughters marriage is to be a day of hope and jubilation when they can dream of wearing proper clothes and feeding themselves and their children properly for a couple of days. Definitely all the funds are to flow from the groom, a well-to-do and superannuated man, driving for his second or 3rd marriage” The court further observed: In 99% cases, the plaintiff/wife tells a lie that the list was prepared at the time of marriage. In 01% cases, she still insists that she is not telling a lie. Insistence upon production of the list that was prepared at the time of marriage so as to entitle a plaintiff for a decree for the return of articles of dowry would be pressuring her to tell more lies

2013 MLD 939 Lahore

Khulla from husband

 After hearing at some length, it transpired that Mohammad Bachal is father of the petitioner whereas Mohammad Ali, Shoukat Ali and Ihsan Ali are her real brothers. Whereas, Siraj Ahmed is petitioner’s husband; against whom, she has already filed Suit for dissolution of marriage by way of Khulla, which is pending adjudication before 2nd Family Judge, Ghotki. It was also mentioned by the petitioner that presently, she is at Dar-ul-Aman, Sukkur, where she had gone at her own will and wish and that her two minors are with Siraj. 
Where the petitioner is neither ready to live with her father nor with her three brothers and also wants Khulla from husband and is residing voluntarily at Dar-ul-Aman and the minors are with her husband Siraj, this Petition seems to be nothing but an eyewash and to cause aggravation and irritation to private respondents. This Petition is, therefore, dismissed in limine.

C.P No. S-1990/2011

Executant of notice of Talaq

Where the executant of notice of Talaq has not denied its execution, the provisions of Art. 79 of QSO are not attracted as the provisions of this article cannot be read in isolation and Art. 17 of QSO is also to be taken into consideration.

2013 LHC 429

(This recent judgment has not yet been formally reported, however, the same is available on the website of the Lahore High Court)
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