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Family law citations

Family law citations

2017 SCMR.321
FAMILY COURT ACT.1964...
SECTION..3..PROCEEDINGS OF THE FAMILY COURT, WHETHER AS A TRIAL COURT OR AN EXECUTING COURT WERE GOVERNED BY THE GENERAL PRINCIPLE OF ECQUITY , JUSTICE AND FAIR PLAY.

(2017.SCMR.339)

IN ABSENCE OF CROSS--EXAMINATION ON THE QUESTION OF DOWRY ARTICLES, THE STATEMENT OF SAID WITNESS WAS TO BE PRESUMED TO BE TRUE WHICH CORROBORATED THE EVIDENCE OF WIFE...
PLJ 2017 LAH 115

Even marriage of the mother with a stranger who is not within the prohibitory degree of daughter can not be a sole ground depriving mother from custody of minor.
2017 C L C 516 (Sindh)
Divorce...wife will inherit
section 7... Divorce... Husband died before complition of 90 days of divorce, divorce having not become effective , wife committed to be his widow and entitled to inherit his property.
ref, 1994 SCMR 1720, PLD 1963 SC  51
2017 C L C 516 (Sindh)
Divorce...wife will inherit
section 7... Divorce... Husband died before completion of 90 days of divorce, divorce having not become effective , wife continued to be his widow and entitled to inherit his property.
ref, 1994 SCMR 1720
PLD 1963 SC 51

ماں کی اجنبی شخص سے دوسری شادی کے باوجود بچی کو ماں سے نہیں چھینا جا سکتا ہے PLJ 2017 LAH 115
Even marriage of the mother with a stranger who is not within the prohibitory degree of daughter can not be a sole ground depriving mother from custody of minor.

2014 SCMR 322

The executing court, while exercising jurisdiction u/s 47 CPC, can question the executability of a decree, if it is satisfied that the decree is a nullity in the eyes of law or it has been passed by a court having no jurisdiction or the non-execution of the decree would not infringe the legal rights of the decree-holder or the decree has been passed in violation of any provision of law, only then executing court can refuse to execute the decree.
Reliance is placed on:
PLD 1951 Lahore 32
PLD 1961 SC 192
PLD 1965 SC 505
PLD 2001 SC 131
PLD 2009 SC 760
PLD 2013 SC 131

EFFECT OF ENTRIES IN NIKAHNAMA

  Column No. 13 of Nikahnama. Dower amount was mentioned as Rs. 80000/- whereas in Col. No. 14 of amount Rs. 500/- was mentioned, in Col. No. 15 it was mentioned that in case of Talaq without any cause to the plaintiff or contracting 2nd marriage, the defendant shall pay an amount of Rs. 80000/- Defendant in circumstances, was liable to pay R. 80000/- to the plaintiff on account of dower amount(2010 SCMR 930)
50 tolas of gold ornaments, agricultural land and 1 /2 share in a residential house were in addition to dower amount Rs. 20,00,000/- as the same were incorporated in Nikahnama through Iqrarnama. High Court modified the judgment & decree passed by the both the court below and includes properties and gold ornaments in the decree as envisaged in Nikahnama with Iqrarnama(2008 MLD 1973)
Jewellery given to wife as gift by husband was mentioned in Cl. 17 of Nikahnama. High Court directed husband to hand over jewelry or its price to his wife within specified time.(2008MLD1692)
Nikahnama prevailed that if wife obtain Khula she would have to pay an amount of Rs. 250,000/- to the husband and if husband divorce wife, he would payan amount of Rs. 250,000/- to her, suit filed by wife for dissolution of marriage, condition declared against the basic principle of law.(2008 SCMR 186)
Commitment of the husband in Nikahnama that he shall pay that much amount to the wife in such like situation, need no determination u/s 17-A West Pakistan Family Courts Act 1964(PLD 2008 Lah. 398)
Entries in Nikahnama are sufficient proof of transfer of property and it requires no registration or any other document for completion U/S 5 of MFLO 1961(2005 MLD 376)
Any condition imposed in nikahnama for the award of damages on account of alleged unjustified divorce was against the basic principle of law and such claim was not actionable before the court.(2012 CLC 837), (PLD 2011 SC 260).