Thursday, November 19, 2009

Divorce Cases

Citation Name: PLJ 2009 Karachi High Court 43
Appelant Side: MUHAMMAD ANWAR ANSARI
V e r s u s
Opponent Side: Mst. NAZIA SHAMIM and 2 others
Judge Name: Khawaja Naveed Ahmad
Judgment Result:Petition dismissed
Other Law Journal References: Coming Soon
----s. 5, sched. & s. 12-a--constitution of pakistan, 1973, art. 199--constitutional petition--suit for maintenance, divorce and recovery of dowry articles--method emphasized by high court to be adopted by family courts--cases qua to the maintenance of children, khula/divorce as well as return of dowry articles should be tried and decided on priority basis--if possible, the trial court should fix these cases every week and should see that on each date of hearing some progress is made in the case and in case progress is not made, the party who created hurdles in progress of the matter should be asked to pay the costs, for that particular day for delaying the matter--in our society, there are certain persons, who make the lives of their ex-wives and children miserable by showing arrogance and indifferent behavior towards them--these people when sit in their private gatherings, express their sentiments by uttering tall words meaning thereby that they are above the law and they will ruin the lives of their ex-wives and will teach lesson to their ex-in-laws--judges of trial court should be vigilant about such arrogant and ruthless persons, who are trying to make their wives run in the court even five years after the divorce just to collect their own dowry articles, which their parents had given to them from their hard earned money. in spite of amendment in family courts act, 1964 has been made in the year, 2002, which bound the courts to dispose of such matters within six months, the courts below have not taken any serious steps to follow the law in respect of expeditious disposal of family cases--high court expressed displeasure over delay caused in disposal of family cases.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2009 Cr.C 462
Appelant Side: MUHAMMAD AKMAL & another
V e r s u s
Opponent Side: STATE
Judge Name: Hasnat Ahmad Khan and Muhammad Ahsan Bhoon
Judgment Result:Appeal disposed of
Other Law Journal References: Coming Soon
----ss. 302, 324, 337-f(i) & 34--conviction and sentence recorded against accused--challenge to--mitigating circumstances--nevertheless, prosecution has not come with clean hands, rather both parties have tried to suppress real facts and have tried to minimize role played by each of them during occurrence--admittedly, hostility prevailed between both parties due to fact that one appellant had divorced complainant's daughter--both parties suppressed real and immediate cause of occurrence--both parties did not come forward with true story about encounter and genesis of fight is not clear--both parties were determined in withholding reality and truth from court--there are mitigating and extenuating circumstances necessitating commutation of death sentence awarded to both appellants to one of imprisonment for life--appeal disposed of.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2009 Cr.C 462
Appelant Side: MUHAMMAD AKMAL & another
V e r s u s
Opponent Side: STATE
Judge Name: Hasnat Ahmad Khan and Muhammad Ahsan Bhoon
Judgment Result:Appeal disposed of
Other Law Journal References: Coming Soon
----ss. 302/324/337-f(i)/34--conviction and sentence--challenge to--double murder--neither time nor venue of occurrence was denied--controversy between parties, stands admitted by both sides--only point of difference between parties is that according to prosecution, appellants had attacked complainant-party, whereas, according to appellants, it was complainant-party, which being aggrieved of fact of pronouncing divorce by appellant to his wife i.e. daughter of complainant--complainant-party, in fact, had a strong motive to attack appellants, whereas appellants had no reason to launch an attack on complainant-party--medical evidence is in line with ocular evidence--no major contradiction between medical evidence and ocular evidence--both eye-witnesses were injured witnesses, therefore, their presence at time and place of occurrence, cannot be disbelieved.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2009 Cr.C 1083
Appelant Side: Syed ALI HASSAN, ADVOCATE
V e r s u s
Opponent Side: STATE
Judge Name: S. Ali Hassan Rizvi
Judgment Result:Bail confirmed
Other Law Journal References: Coming Soon
----ss. 498 & 497--pakistan penal code, (xlv of 1860), ss. 420/467/468/ 471--pre-arrest bail, grant of--prayer for--cancellation of case--subject of case--nikahnama of complainant with another during the subsistence of marriage of the petitioner--complainant (wife) have entered into marriage with another person without getting divorce from petitioner--according to cancellation report, the document of nikahnama which was basis of fir was found a forged one and case has been recommended for cancellation--nikah is registered with union council under muslim family law ordinance, 1961 and if there was any violation in registration the proper forum has not been approached for seeking cancellation or declaration that the document question in forged one--entry in the union council of the nikah cannot otherwise be cancelled without availing proper forum--competent court still has not agreed with the report for cancellation of the case--document was already with the police--petitioner was not required for recovery purpose--endorsement of the copy of the cancellation report to the unconcerned police officer having no concern with the range and with regard to the status of the petitioner who was an advocate and if relief of pre-arrest bail was withheld would result into his arrest which may lower his honour and dignity from the estimation of right thinking society--all aspects of the matter and legal value of the opinion of the police for cancellation of case it is in the interest of justice to grant extra ordinary relief of pre-arrest bail to the petitioner--bail confirmed.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2009 FSC 225
Appelant Side: Mst. IRSHAD AKHTAR and another
V e r s u s
Opponent Side: STATE
Judge Name: Syed Afzal Haider
Judgment Result:Appeal accepted
Other Law Journal References: Coming Soon
----s. 10(2)--conviction and sentence recorded against accused by trial court--challenge to--benefit of doubt--appreciation of evidence--investigating officer found that offence complained of, was not committed--report for cancellation of crime report--prosecution witnesses saw the act of zina being done by accused and both of them were detained and locked in the room but such part of the story was not supported by crime report--if there was a rickshaw at the place of occurrence then the story of prosecution is corroborated in the sense that accused had come for objectionable act but if there was no rickshaw as both witnesses admitted then version of the accused that he was brought to place of occurrence by one witness and he was thereafter involved in the instant case gain strength--purpose behind the scheme appears to be the removal of female accused wife of the complainant from the way and in fact she was divorced after the occurrence--held: prosecution evidence did not inspire confidence either--whether accused was caught red handed or he was trapped is not very clear--story that he alongwith other accused was taken to police for `karwai' has undergone a calculated improvement and manner in which investigation was conducted was least satisfactory--one principle of safe administration of justice--appeal was accepted by giving benefit of doubt.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2009 FSC 84
Appelant Side: MUHAMMAD RIAZ and another
V e r s u s
Opponent Side: STATE
Judge Name: Syed Afzal Haider
Judgment Result:Appeal accepted.
Other Law Journal References: Coming Soon
----ss. 10(2) & 11--jointly appeal was filed--conviction and sentence recorded against accused by trial court--challenge to--appreciation of evidence--accused abducted/enticed away complaint's sister with object of committing zina-bil-jabr--male accused divorced older sister of co-accused--section 11 of ordinance, 1979 was altered to s. 10 of offence of zina (enforcement of hudood ordinance--question of--whether nikah between both accused was solemnized during iddat period--held: husband after divorcing his wife was not competent to enter into another nikah so long as the first wife was in iddat might be overlooked because even senior govt. officer might not be awared of provisions of personal law but an additional sessions judge, is supposed to be well versed, as a student of law, with fundamental principles of muslim personal law pertaining particular to family life--wherein the marriage with the other sister during subsistence of marriage with her sister was declared void--element of abduction has not been proved because according to complainant is a waj-takkar witness--conviction and sentence recorded by trial court u/s. 10(2) of offence of zina as serious doubt has crept in prosecution version--appeal was accepted.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2009 FSC 84
Appelant Side: MUHAMMAD RIAZ and another
V e r s u s
Opponent Side: STATE
Judge Name: Syed Afzal Haider
Judgment Result:Appeal accepted.
Other Law Journal References: Coming Soon
----ss. 10(2) & 11--unexplained delay of 86 days--conviction and sentence recorded against accused by trial court--challenge to--marriage subsistence with elder sister--validity--such a delay may be seen in light of statement of accused who stated that after divorce of his wife her parents demanded more ornaments and money at time of divorce and still more money at the time of later marriage with her sister--appeal accepted.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2009 Cr.C 361
Appelant Side: Mst. UMME KULSOOM and 3 others
V e r s u s
Opponent Side: STATE and another
Judge Name: Muhammad Alam Khan
Judgment Result:FIR quashed.
Other Law Journal References: Coming Soon
----s. 561-a--offence of zina (enforcement of hudood) ordinance, 1979, ss. 11 & 16--quashment of fir--petitioner was divorced by her previous husband--petitioner with her own free will contracted a second marriage--out of wedlock a baby was also born which petitioner was having in her lap when she appeared before high court--suit for jactitation of marriage also pending before family court of exclusive jurisdiction--no justification for registration of the case--fir quashed.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2009 Lahore High Court 221
Appelant Side: MUHAMMAD RAFIQUE
V e r s u s
Opponent Side: Mst. MUMTAZ AKHTAR alias ALLAH RAKHI & 2 others
Judge Name: Ali Akbar Qureshi
Judgment Result:Revision dismissed.
Other Law Journal References: Coming Soon
----s. 115--majmooa-e-qawaneen-e-islam, edited by dr. tazel-ur-rehman--civil revision--suit for declaration & permanent injunction--dismissal of--appeal was also dismissed--assailed--determination of legitimacy of child--paternity of a child born out of lawful wedlock invariably carries presumption of truth in its favour and mere simple denial can hardly take away status of legitimacy--according to muhammadan law "child follows the bed"--every presumption is made in favor of legitimacy of child, is presumed to be an issue of his parents without acknowledgement or affirmation of parentage on part of father, child follows bed (firash)--children/respondents were born after divorce, nor any evidence exits on record that mother/respondent had been living in adultary--apparently, children were being disowned and harassed by petitioner who unfortunately happens to be their real paternal uncle with an object and intention to deprive them of their legitimacy and legacy from their father--revision dismissed.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2009 Lahore High Court 497
Appelant Side: NAJEEB ULLAH
V e r s u s
Opponent Side: Mst. MAKHDOOM AKHTAR and another
Judge Name: Zafar Iqbal Chaudhry
Judgment Result:Petition dismissed
Other Law Journal References: Coming Soon
----art. 199--constitutional petition--reversing of pending--condition for return of gold ornaments was struck down--suit for dissolution of marriage was decreed on the basis of khula--wife was held liable to return the amount which she received as haq mehr as well as gold oranments--condition for return of gold ornaments was struck down by appellate court--validity--if husband wants to divorce his wife, then she should not tease her to get the dower back--if he does not want to divorce but the wife is bent on separation, the gold ornaments did not include in haq mehr of the wife--petition dismissed.
Citation Name: PLJ 2009 Lahore High Court 523
Appelant Side: SHAHZAD MUNIR
V e r s u s
Opponent Side: NAZIM/CHAIRMAN ARBITRATION COUNCIL U.C. 139,
Judge Name: Anwar-ul-Haq Pannun
Judgment Result:Petition disposed of.
Other Law Journal References: Coming Soon
----art. 199--constitutional petition--nazim union council has no power to revoke the certificate of talak--pronouncing upon her three consecutive talaq baim--divorce-deed drawn on judicial stamp paper was sent to his wife as well as chairman reconciliation--after elapsed a period of ninety days, chairman issued a certificate of effectiveness of talaq--naib nazim issued a certificate while cancelling certificate of effectiveness of talaq through impugned certificate--validity--naib nazim was directed to appear before court--nazim appeared alongwith the record instead of naib nazim and appraised to court that naib nazim has died and there is no record available with u.c. reading impugned certificate--being the position, instant petition was disposed of with the observation that as there is no record with u.c. regarding the certificate at it appears that it has been manipulated--held: after elapse of more than two years, the naib nazim has no authority whatsoever to revoke the certificate of talaq.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2009 Lahore High Court 531
Appelant Side: ZAFAR ALI KHAN
V e r s u s
Opponent Side: ADDITIONAL DISTRICT JUDGE, LAHORE
Judge Name: S. Ali Hassan Rizvi
Judgment Result:Petition dismissed
Other Law Journal References: Coming Soon
----art. 199--constitutional petition--suit for recovery of maintenance allowance--family court enhanced the maintenance allowance--appreciation of evidence--modified the decree to extent of quantum of maintenance allowance and was granted decree at rate of rs. 6000/- per month--petitioner was a qualified doctor and having two wives--petitioner had entered into marriage after divorce of respondent--validity--evidence of the petitioner was not believable that he was getting only rs. 7000/- as salary while maintaining two families--rate of maintenance allowance enhanced in appeal cannot be said to be beyond his means or exorbitant--bleak sources or means of income of a husband or father was hardly a valid ground in context of maintenance, so as to justify interference in finding recorded by courts of fact--no case was made out for interference in exercise of constitutional jurisdiction of high court

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2009 FSC 116
Appelant Side: Mst. DURR-E-SHAHWAR BEGUM
V e r s u s
Opponent Side: Haji BAKHTAWAR SAID MUHAMMAD and another
Judge Name: Salahuddin Mirza
Judgment Result:Petition accepted.
Other Law Journal References: Coming Soon
----ss. 6, 7 & 14--criminal procedure code, (v of 1898), s. 202--illegitimate--immoral character and disowned the pternity of children--postponement of issue of process--preliminary inquiry--sajjada nashin of dargah of hazrat baba farid shakar gunj--unfortunately marriage did not last long and divorced deed was executed--committed the offence of qazf--effect reconiliation after receipt of divorce deed--false charge of adultery and declared that her children were not from his nutfa and were illegitimate--immoral character and disowned the paternity of her children--allegations of immorality, even though made after marriage between parties stood dissolved due to divorce, were nevertheless in respect of period when marriage between them subsisted and therefore s. 7 of qazf ordinance, was not applicable--charge was not framed against respondent u/s. 7 of qazf ordinance, but decided to proceed against him u/s. 14 of qazf ordinance--such relationship had admittedly come to an end when respondent divorced petitioner and executed divorce deed--petitioner and respondent were just a woman and man, not husband and wife--when respondent in his written statements and before a punchayat in his own house made imputation of zina and explicitly alleged that all of her children were illegitimate children, therefore, action of respondent clearly attracted provisions of ss. 6 and 7 of qazf ordinance--petition accepted

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2008 Lahore High Court 147
Appelant Side: MUHAMMAD AKRAM
V e r s u s
Opponent Side: MUHAMMAD AKRAM
Judge Name: Mian Saqib Nisar
Judgment Result:Petition allowed
Other Law Journal References: Coming Soon
----s. 5 & sched.--civil procedure code, (v of 1908), s. 115--suit for recovery of specific amount qua of sour relation between spouses or divorce--suit was dismissed--suit was not maintainable before family courts and was liable to file ordinary civil suit for recovery of amount--validity--suit was competent and matter falls within the purview of entry no. 9 of schedule to s. 5 of family courts act, 1964--held: as the divorce has taken place between the parties but for reasons, the petitioner became liable to pay the amount because of the condition in column no. 17 of nikahnama.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2008 Lahore High Court 147
Appelant Side: MUHAMMAD AKRAM
V e r s u s
Opponent Side: MUHAMMAD AKRAM
Judge Name: Mian Saqib Nisar
Judgment Result:Petition allowed
Other Law Journal References: Coming Soon
----ss. 3 & 130--west pakistan family courts act, 1964, s. 5 & sched.--personal property and belonging of wife--suit for recovery of amount qua of sour relation between spouses or divorce--entitlement of amount--suit was not maintainable before family court--question of--determination of the issue is sought from the proper forum--special condition incorporated in nikahnama--rules of actionable--the term "actionable claim" in general means, a claim for which an action will be, furnishing a legal ground for an action and according to s. 3 of family courts act, a claim towards a debt--such claim cannot be equated as a personnel property and belonging of the wife--held: family court has no jurisdiction in the matter and the suit before the family court was not competent--petition was allowed.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2008 Cr.C 92
Appelant Side: KHUSHI MUHAMMAD (LATE) through his real Sister
V e r s u s
Opponent Side: Mst. NAZIRA BIBI and 4 others
Judge Name: Maulvi Anwar-ul-Haq
Judgment Result:Revision dismissed
Other Law Journal References: Coming Soon
----o. xxii, r. 5--oaths act, (x of 1873), ss. 9, 10 & 11--oath on holy qur'an--determination of question as to legal representative--respondent stated that suit be decided on the basis of oath on holy quran--court stopped recording other evidence and recorded her statement to effect that in case the petitioner stated on oath of holy quran--suit be decreed--assailed--case was remanded to trial court that remaining evidence be recorded and the suit be decided on the basis thereof--questions the correctness of several facts--deceased had divorced respondent--suit is still to be decided by trial court in the matter of appointment of l.rs of deceased--civil revision accordingly dismissed.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2008 Karachi High Court 62
Appelant Side: ASIF ALI
V e r s u s
Opponent Side: Mst. TEHMINA NASEEM SHAD and 2 others
Judge Name: Dr. Rana Muhammad Shamim
Judgment Result:Petition dismissed
Other Law Journal References: Coming Soon
----s. 25--west pakistan family courts act, 1964--s. 14--constitution of pakistan (1973), art. 199--constitutional petition--custody of minor--welfare of minor--courts below concurrently gave custody of minor to mother and the father who had divorced her had challenged the concurrent judgments of the courts below--validity--minor was patient of imperforated disease and had been operated thrice, in such circumstances when minor had attachment with his mother, in case he was given in the custody of his father who was stranger for him, it would deteriorate his health--father, who had contracted second marriage, when he would leave for his job, child would be at the mercy of step mother--in presence of real mother, who was living in a combined family having sisters and mother, it would not be proper to deprive the child from the natural love and affection of the mother particularly when nothing substantial had come on record to prove that the mother had failed to properly look after her son--scope of powers of high court while dealing with the concurrent findings of courts below, in exercise of constitutional jurisdiction, was very limited--burden of proving that findings recorded by courts below were vitiated by evidence on record or suffered from non-reading of material evidence or there was jurisdictional defect, lay on the petitioner, which the petitioner in the present case had failed to point out--both courts below had very carefully examined all the aspects of the matter in regard to the welfare of the minor--concurrent judgments of the courts below could not be interfered with by the high court in exercise of its constitutional jurisdiction.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2008 Karachi High Court 82
Appelant Side: MINOO HOSHANG KAPADIA, KARACHI
V e r s u s
Opponent Side: ARNAZ MINOO KAPADIA, KARACHI
Judge Name: Nadeem Azhar Siddiqi
Judgment Result:Petition allowed
Other Law Journal References: Coming Soon
----s. 34--judicial separation, grant of--grounds--judicial separation can be granted on any of the grounds for which a divorce can be granted and additionally on the ground of cruelty or personal violence.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2008 Karachi High Court 82
Appelant Side: MINOO HOSHANG KAPADIA, KARACHI
V e r s u s
Opponent Side: ARNAZ MINOO KAPADIA, KARACHI
Judge Name: Nadeem Azhar Siddiqi
Judgment Result:Petition allowed
Other Law Journal References: Coming Soon
----ss. 32(e), 32(g) & 34--judicial separation and divorce--scope--husband sought judicial separation on the ground of desertion of wife but instead of separation, wife sought divorce on the ground of cruelty and personal violence--validity--allegation by wife against husband that he forcefully pulled her by right wrist, aggravating an old injury was not covered under the definition of `grievous hurt' and marriage could not be dissolved on such ground--cruelty and personal violence, under s. 34 of parsi marriage and divorce act, was an additional ground for judicial separation and not divorce--petition was allowed accordingly.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2008 Sh.C-AJ&K 55
Appelant Side: BILAL HAMZA ABBASI
V e r s u s
Opponent Side: WAZIR MUHAMMAD and another
Judge Name: Iftikhar Hussain Butt
Judgment Result:Appeal dismissed.
Other Law Journal References: Coming Soon
----specific mode for dissolution of marriage--divorce pronounced--telephonic call--cogent, sufficient and reliable evidence--appellant had pronounced talaq through telephonic call by producing cogent, sufficient and reliable evidence--no proof of intention is required--validity--islam does not prescribe any specific mode for dissolution of marriage--it is an overt act on the part of husband which could indicate a clear intention to annul the marriage to operate as a divorce--no particular form of words is prescribed for affecting a talaq--if the words of `talaq' are clear express and very well understood as implying divorce, no proof of intention is required--it is also not necessary that divorce should be pronounced in the presence of wife or even addressed to her--witness for the respondent told him that appellant tried to hand over the divorce deed to him but he refused to receive the same--held: appellant had pronounced talaq through telephonic call by producing cogent, sufficient and reliable evidencey--any non-reading or misreading of the evidence on the part of family court--appeal dismissed.
Citation Name: PLJ 2008 Cr.C 1005
Appelant Side: IFTIKHAR AHMED alias PAPPU
V e r s u s
Opponent Side: STATE
Judge Name: Tariq Shamim & Muhammad Ahsan Bhoon
Judgment Result:Appeal dismissed.
Other Law Journal References: Coming Soon
----s. 302(c)--conviction and sentence--challenge to--appreciation of evidence--modification in sentence--grave and sudden provocation--as per prosecution story, mst. r after getting divorce from her husband had contracted secret nikah with deceased--as per defence version of appellant mst. r his mother, was living with deceased and seeing them in compromising position on fateful night, he caused injuries with churri to both of them, deceased succumbed to injuries but his mother mst. r survived--justice position--nikah of deceased with mst. r was not proved--held: story given by prosecution was not confidence inspiring rather the story of defence was more plausible ocular account given by pw disbelieved as he was interested witness being real first paternal cousin of the deceased and also being a chance witness--further held: deceased as well as mst. "r" injured were found in compromising position and in heat of passion the appellant inflicted injuries on their persons, so converting the conviction of appellant

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2008 Cr.C 1036
Appelant Side: ALLAH YAR
V e r s u s
Opponent Side: STATE
Judge Name: Khurshid Anwar Bhinder
Judgment Result:Bail declined
Other Law Journal References: Coming Soon
----s. 497--pakistan penal code, (xlv of 1860)--s. 365-b--post arrest bail, declined--nikah over nikah--not valid--prima facie--held: nikah over nikah is not valid in islam earlier marriage of the abducee subsisted and there was no evidence which could prove that the divorce was effected between the spouses--bail declined.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2008 Lahore High Court 1029
Appelant Side: Mst. PARVEEN AMANUAL
V e r s u s
Opponent Side: ADDL. DISTRICT JUDGE-III RAHIMYAR KHAN & 2 others
Judge Name: Syed Shaheen Masud Rizvi
Judgment Result:Petition dismissed.
Other Law Journal References: Coming Soon
----ss. 10 & 22--christian law--grounds of divorce and separation--bond of marriage between christian husband and wife is of permanent nature and as such the wife has to prove her case on the concrete facts after leading reliable and cogent evidence to the facts on which the claim of dissolution of marriage is based--only then the court can grant a decree for a judicial separation within the meaning of section 22 of the divorce act, 1869 or to dissolve the marriage under section 22 of the divroce act--therefore, mere assertion of the wife that she is not ready to live with the husband is not sufficient for dissolving the marriage--case remanded to family court, who shall proceed with the case from the stage on which the petitioner made better statement and after framing the issues and recording evidence shall decide the matter.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2008 Lahore High Court 1029
Appelant Side: Mst. PARVEEN AMANUAL
V e r s u s
Opponent Side: ADDL. DISTRICT JUDGE-III RAHIMYAR KHAN & 2 others
Judge Name: Syed Shaheen Masud Rizvi
Judgment Result:Petition dismissed.
Other Law Journal References: Coming Soon
----ss. 10 & 22--constitution of pakistan, 1973, art. 199--suit for dissolution of marriage under christian law--better statement of petitioner (wife)--suit was decreed--assailed--case was remanded to trial court--challenged through constitutional petition--question of--held: no provision in the nature of "khula" in the divorce act, 1869 and as such the mere statement of the petitioner that she was not willing to live as a wife with the husband is not sufficient for the purpose of dissolution of christian marriage--section 10 of the divorce act, 1869 which relates to the grounds when wife may ask for dissolution of marriage and further reference is also made to section 22 of the divorce act, which lays down the grounds when judicial separation is obtainable by wife.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2008 Lahore High Court 757
Appelant Side: MASOOD SADIQ
V e r s u s
Opponent Side: Mst. SHAZIA and 3 others
Judge Name: Zafar Iqbal Chaudhry
Judgment Result:Petition dismissed.
Other Law Journal References: Coming Soon
----art. 199--christian divorce act, 1869--ss. 36 & 43--west pakistan muslim family laws, 1961--scope of--constitutional jurisdiction--maintenance allowance as determined by first appellate court--conformity with provisions--held: no illegality or jurisdictional defect in the judgment which is not open to any interference in exercise of constitutional jurisdiction.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2008 Lahore High Court 757
Appelant Side: MASOOD SADIQ
V e r s u s
Opponent Side: Mst. SHAZIA and 3 others
Judge Name: Zafar Iqbal Chaudhry
Judgment Result:Petition dismissed.
Other Law Journal References: Coming Soon
----s. 36--constitution of pakistan, 1973--art. 199--suit for recovery of maintenance allowance--interim order for maintenance allowance of rs. 1000/- was passed--extent of maintenance allowance which was reduced from rs. 1000/- to rs. 800/- each--provisions of law--applicability--grant of maintenance (alimony)to wife is squarely covered under christian divorce act, but as far as maintenance of minor pending decision of the proceedings--held: no specific provision covers the aspect of the matter and in absence of any specific provision for grant of maintenance to minor in the christian divorce act--provisions of family courts act, 1964 being not in-conflict with the provisions of christian divorce act, shall be applicable as there is nothing in the west pakistan family courts act, by which it can be said to be inapplicable to christian.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2007 Cr.C 874
Appelant Side: WALLAN alias MARIYA
V e r s u s
Opponent Side: STATE
Judge Name: Muhammad Farrukh Mahmud
Judgment Result:Bail confirmed
Other Law Journal References: Coming Soon
----ss. 497(1) & 498--offence of zina (enforcement of hudood) ordinance (vii of 1979), ss. 10(2) & 16--pakistan penal code, 1860 (xlv of 1860), ss. 467, 468 & 471--ad-interim pre-arrest bail, confirmation of--accused girl who was major, owned her marriage with alleged abductor, which had belied allegation of abduction levelled in f.i.r.--accused had placed on record certificate issued by nazim, arbitration council, which had revealed that accused earlier was married with one who sent notice to divorce and thereafter divorce was declared to be effective--case of accused fell within the proviso to subsection (1) of s.497, cr.p.c.--ad-interim pre-arrest bail already granted to accused, was confirmed on the same terms and conditions.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2007 Lahore High Court 984
Appelant Side: Dr. ALTAF AHMED
V e r s u s
Opponent Side: Mst. NEELOFAR NAZNEEN and another
Judge Name: Muhammad Muzammal Khan
Judgment Result:Petition accepted.
Other Law Journal References: Coming Soon
----s. 10(4)--constitution of pakistan, 1973, art. 199--suit for dissolution of marriage on the basis of khula--ex-parte decree--provisions of--assailed--constitutional petition--held: family court after pronouncing divorce, noted that reconciliation proceedings have failed through presence of respondent was not marked in this order yet after granting her the prayed decree, there was no occasion to hold the reconciliation proceedings and that too, in her absence--ex-parte decision is unlawful being opposed to the provisions of s. 10(4) of the family court act, 1964--suit would be deemed to be pending and would be decided by undertaking fresh pre-trial reconciliation proceedings between the spouses in the real spirit of law applicable--petition accepted.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2007 Cr.C 577
Appelant Side: SABIR HUSSAIN alias Pehlwan
V e r s u s
Opponent Side: STATE
Judge Name: Sardar Muhammad Aslam
Judgment Result:Bail allowed.
Other Law Journal References: Coming Soon
----s. 497--pakistan penal code, 1860 (xlv of 1860), s. 302(c)--bail, grant of--"ghairat"--honour killing--provocation--illicit liaison--complainant admitted the misdeeds of his son of maintaining illicit liaison with the real sister of the petitioner--complainant as well as parents of the petitioner admonished the deceased on many times to refrain himself from his evil pursuits--on the day of occurrence admittedly, both were found in conversation at midnight time in the veranda of the petitioner's house--petitioner woke up on hearing the sound of footsteps of complainant and seeing the deceased lost self control and pounced upon them causing injuries resulting into imminent death of both deceased--deceased was not masoom-ud-dam--what was expected re-action of a young man with boiling blood, seeing his real sister with her paramour and midnight time in his house--provocation must have been at its extreme depriving self-control and loss of mental faculty--prima facie--offence may fall u/s. 302(c) ppc--human life is very sacred--at the same time we could not divorce from the prevalent social set up, traditions and customs prevailing in our society, where men sacrifice their lives to safeguard the honour of their women folk, and, it is not considered a big sacrifice, in any manner--no religion allows widespread immorality to destroy the fabric of a family life--immorality are not approved by most of the civilization of the world--bail admitted to petitioner and direct his release--bail allowed.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2007 Lahore High Court 1012
Appelant Side: Rana ZULIFQAR
V e r s u s
Opponent Side: MARIYAM RAFIQUE
Judge Name: Syed Sakhi Hussain Bukhari
Judgment Result:Petition accepted.
Other Law Journal References: Coming Soon
----s. 7--constitution of pakistan, 1973--art. 199--constitutional petition--talaq was pronounced--revoked divorce--notice of talaq--expiration of 90 days--effective--validity--according to s. 7 of muslim family laws ordinance, any man who wishes to divorce his wife shall as soon as may be after the pronouncement of talaq in any form give the chairman notice in writing of his having done so--held: talaq unless revoked shall not be effective untill expiration of 90 days from the day on which notice is delivered to chairman.
Citation Name: PLJ 2006 Supreme Court 839
Appelant Side: Mst. FARAH NAZ
V e r s u s
Opponent Side: JUDGE FAMILY COURT SAHIWAL and others
Judge Name: Rana Bhagwandas and Muhammad Nawaz Abbasi
Judgment Result:Appeals accepted.
Other Law Journal References: Coming Soon
----s. 5 & sched.--suit for maintenance filed by wife against husband--husband's claim to have divorced his wife--no document relating to divorce was produced in court nor procedure prescribed in muslim family laws ordinance 1961 was followed--oral allegation of divorce would neither be effective nor valid and binding on appellant, thus, wife would be legally entitled to past maintenance as claimed by her--suit for past maintenance as per claim of appellant was decreed while findings of trial court and high court granting her lesser amount of maintenance were set aside while that of appellate court with modification was maintained.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2006 Lahore High Court 29
Appelant Side: Mst. NOREEN IQBAL
V e r s u s
Opponent Side: Mst. NOREEN IQBAL
Judge Name: Muhammad Akhtar Shabbir
Judgment Result:Application dismissed.
Other Law Journal References: Coming Soon
----s. 10--remedy of appeal--assailed order of civil judge passed in any suit or proceeding under the divorce act, 1869, appeal shall be filed in like manner as the decree and orders of the civil court made in exercise of its original jurisdiction, meaning thereby to the district court or to high court--held: the remedy of appeal is a statutory remedy provided under the special act

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2006 Lahore High Court 29
Appelant Side: Mst. NOREEN IQBAL
V e r s u s
Opponent Side: Mst. NOREEN IQBAL
Judge Name: Muhammad Akhtar Shabbir
Judgment Result:Application dismissed.
Other Law Journal References: Coming Soon
----s. 24--divorce act, 1869, s. 10--court of civil judge was empowered to hear the petitions filed u/s. 10 of the divorce act, 1869 and the procedure in c.p.c. is also attracted to the cases tried by civil court and s. 24 of c.p.c. empowers the high court to transfer any case pending before civil court to any other court of competent jurisdiction.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2006 Lahore High Court 29
Appelant Side: Mst. NOREEN IQBAL
V e r s u s
Opponent Side: Mst. NOREEN IQBAL
Judge Name: Muhammad Akhtar Shabbir
Judgment Result:Application dismissed.
Other Law Journal References: Coming Soon
----ss. 5, 25-a and schedule--divorce act, 1869, s. 10--civil procedure code (v of 1908), s. 24--application for transfer of a family case filed by christian spouses--application of the family courts act in the cases of christian--family courts act 1964 and the rules made there-under are not applicable to cases of christian community--contention of--held: family courts possess exclusive jurisdiction in matters specified in schedule to the family court act, 1964--further held: there is no bar in family court act that it is not applicable to the family cases filed by non muslims.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2006 Lahore High Court 570
Appelant Side: MAJOR ZAHID HUSSAIN
V e r s u s
Opponent Side: CHAIRMAN ARBITRATION COUNCIL CANTONMENT BOARD LAHORE CANTT. and others
Judge Name: Muhammad Muzammal Khan
Judgment Result:Petition accepted.
Other Law Journal References: Coming Soon
----s. 7--copy of notice to chairman--if any person who wishes to divorce her wife has to give notice in writing of having done so to the chairman with a copy of notice to the wife in terms of s. 7 of muslim family laws ordinance, 1961.

To view full case click on Full Case Description
Displaying Results for divorce
Citation Name: PLJ 2006 Lahore High Court 570
Appelant Side: MAJOR ZAHID HUSSAIN
V e r s u s
Opponent Side: CHAIRMAN ARBITRATION COUNCIL CANTONMENT BOARD LAHORE CANTT. and others
Judge Name: Muhammad Muzammal Khan
Judgment Result:Petition accepted.
Other Law Journal References: Coming Soon
----s. 7--provision of jurisdiction--no provision of transfer of notice of divorce by chairman union council/town council either in muslim family law ordinance, 1961 or in rules framed thereunder and in absence of any such provision transfer of the matter regarding divorce by respondent was also with out jurisdiction.

To view full case click on Full Case Description

3 comments:

  1. It’s truly a nice and helpful piece of information. I am glad that you simply shared this useful info with us about family cases .Please stay us informed like this. Thanks for sharing.

    ReplyDelete
  2. Nice post. I was checking constantly this blog and I am impressed! Extremely helpful information specially the last part I care for such info a lot. I was seeking this particular information for a very long time. Thank you and good luck.離婚程序

    ReplyDelete
  3. Thanks for posting this useful content, Good to know about new things here. Family Lawyers in Karachi

    ReplyDelete