Wednesday, April 20, 2011

Family Cases


Condition of payment on Talaq

08SCMR 186 Void

 

Dissolution of marriage

05 CLC 1472, Suit is to be filed in court in jurisdiction of which parties are residing.

Dowry

08SCMR 1584 (List attacked, no illegality pointed out) for plaintiff
06SCMR 701 (Amount of maintenance at Rs.2000 per month upheld) for plaintiff
06MLD 563 Dowry, Plaintiff appeared as her own witness and also produced her father and maternal uncle who had fully substantiated her claim---Testimony of said witnesses had gone unchallenged.
05 MLD 1069, Sole statement of plaintiff lady enough for decree of dowry articles.
10 MLD 1420 (for defendant) Father of the plaintiff who admitted in cross-examination that he had not given any dowry articles to the plaintiff at her first marriage, inference in circumstances, was that at the time of her second marriage with the defendant no dowry articles were given to the plaintiff---Father of the plaintiff had also admitted that he had not affixed any thumb impression on the list of dowry articles and that the price of said dowry articles were written by his counsel; and that he was not aware as to when the list of dowry articles was prepared.
10 MLD 1498, List, When it was proved that list exhibited was correct, non production of receipts of purchase of dowry articles was not fatal.
10 YLR 2441, List, Non-exhibition of list of dowry articles, Fact that the list was not exhibited was not of much consequence in view of the fact that in her statement, the plaintiff recounted the list ---list was not specifically cross-examined---Such fact was also substantiated in the evidence of plaintiff's father who specifically stated that a list was indeed prepared at the time of marriage which was noted in his diary on the basis of which a fresh list was prepared for the purpose of filing suit in the court.
10 MLD 1997, Number of articles given by plaintiff had been admitted by defendant on basis of which Trial Court passed judgment and decree and subsequently on appeals filed by both parties, defendant's appeal was dismissed whereas appeal filed by plaintiff was partially accepted and amount of dowry articles were enhanced after appreciating evidence of parties on record.
10 MLD 1049, Plaintiff by producing cogent and reliable evidence on record had proved that dowry articles mentioned in list of dowry produced on record, were given to her at the time of marriage.
10 MLD 1, List of dowry articles---Marriage being a happy occasion, preparing detailed list of what was given to the bride was in most instances not given much importance for fear of being considered as a bad omen---When situation required proof of what was actually given, list prepared from memory, receipts and other related material has to be relied upon.
11 MLD 373, Defendant’s plea that he had returned dowry articles, could not produce any receipt. Petition dismissed.
10 MLD 608 Suit was contested by defendant on the ground that alleged list of dowry articles produced by plaintiff was not correct and produced his own list of dowry articles---Trial Court decreed the suit of the plaintiff to the sum of Rs.1,500,000---Appellate Court on appeal, reduced total claim of the plaintiff from Rs.1,500,000 to Rs.500,000---Contention of the plaintiff was that list of dowry articles was exhibited without any objection of defendant and the same was in the knowledge of defendant.
11 MLD 351 (for defendant) Dowry and maintenance, List prepared by sister of petitioner, photocopies of receipts of purchased articles was presented.
10 YLR 848 List was exhibited at the time of recording of the statement of plaintiff without any objection from the opposite side; and later on such objection as to the admissibility of the said list could not be taken or entertained---If the list of dowry could not be signed by the Presiding Officer, when it was very much mentioned in the judgment of the Family Court that it was exhibited on account of mistake of the Presiding Officer not to sign, the party could not be penalized.

PJ 10 Pesh 16, Gifts of bride.

Evidence

05 NLR Civil 256 Lahore, Evidence adduced before family court cannot be evaluated in a manner as it is appreciated under CPC. Purpose of enacting family court is to avoid technicalities. Documentary evidence not admissible under QSO would be rightly relied upon by family court.

Haq Mahr

10 CLC 1729, S. 10(4)---Object and scope of S.10(4), West Pakistan Family Courts Act, 1964---Object of subsection 4 of section 10 of the West Pakistan Family Courts Act, 1964 was to avoid delay in proceedings of family cases and provide expeditious remedy to women seeking `Khula'---Restoration of `Haq Mahr' not received by wife at the time of marriage was not a sine qua non for passing a decree of dissolution of marriage.  
P 2000 L 95, Khula, Lady liable to return of dower.
P 00 Lah 95, Personal belongings of lady are not dower.

Khula

10 PLJKar 97 Pronouncement by court amounts to single divorce.

List

07NLR Civil 105 List not proved
04SCMR 1739, No evidence supporting list.

Maintenance

10PLJ Lah 271 Wife not entitled where defendant was the only son of his parents and wife demanded separate house.
07 SCMR 49, Muslim husband was under legal obligation to maintain his wife and if she was forced to live away from her husband for no fault on her part even then husband was to provide maintenance to his wife.
06 SCMR 701, Plea raised by the husband was that the amount of maintenance was excessive and dower amount had been waived by the wife-Validity---Said discretionary order was passed by the Family Court after recording of entire evidence and going through the facts and circumstances emerging from the present case.

Non-Muslims

P 08 K 271, Parsi Khula.
PJ 08 L 29, PJ 06 L 29, Family Court enforceable on non-Muslims as well.

Oath
P 10 L 484, P 05 L 304, Special Oath

Polygamy, Sec.6 Muslim Family Laws Ordinance
80PCrLJ 122 Complaint by wife
2000KLR CC 24

Writ
PJ 10 L 400, Interim order passed by Family Court cannot be challenged in Writ Petition.

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  2. very good effort to maintain the blog, i appreciate your good efforts and same is helpful for advocates...

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