"FAMILY CASES"

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­IN PROCEEDINGS IN FAMILY COURT SHALL BE GOVERNED BY GENERAL PRINCIPLE OF EQUALITY, FAIR PLAY AND JUSTICE.

2017 SCMR 321

PROPERTY MENTIONED IN NIKAH NAMA

PROPERTY MENTIONED IN NIKAH NAMA, TO BE GIVEN TO WIFE.

2016 MLD 925

2010 YLR 2452

2013 YLR 1118

2015 PLD 88

ANY CONDITION, MENTIONED IN NIKAH NAMA BY THE HUSBAND, IN CASE OF PRONOUNCING TALAQ ETC BY HUSBAND, NO LEGAL VALUE.

2008 SCMR 186

DOWER

DOWER, BETWEEN SPOUSES CAN BE INCREASED SUBSEQUENTLY.

2017 PLJ 41

2016 SCMR 2170

2016 MLD 1411

SNATCHING OF DOWER AFTER GIVING THE WIFE, MATTER FALLS WITHIN THE JURISDICTION OF FAMILY COURT.

PLD 2015 Lah 57

NO APPEAL LIES AGAINST DECREE OF DOWER AMOUNT.

2001 SCJ 297

CONSTITUTIONAL PETITION

TO CHALLENGE THE ORDER ON THE GROUND THAT THE EVIDENCE WAS NOT PROPERLY APPRECIATED, AS FINDING OF FACT RECORDED BY THE COURT OF COMPETENT JURISDICTION COULD NOT BE DISTURBED SOLELY ON THE GROUND THAT ANOTHER VIEW WAS POSSIBLE ON THE SAME EVIDENCE. IN CONSTITUTIONAL PETITION HIGH COURT COULD NOT SIT AS A COURT OF APPEAL.

2016 MLD Lah 801

2016 MLD Lah 693

PLD 2006 SC 457

FACTUAL CONTROVERSY COULD NOT BE RESOLVED IN WRIT.

2016 MLD Lah 693

QANOON E SHAHADAT NOT STRICTO SENSU APPLICABLE IN FAMILY COURT. OBJECT OF THE FAMILY COURT IS TO ADVANCE JUSTICE AND TO AVOID TECHNICALITIES. CONCURRENT FINDING OF THE FACT. CONSTITUTIONAL PETITION DISMISSED.

2016 MLD Lah 668

MERE FACT THAT THE PARTY DID NOT FORMALLY PROVE THE DOCUMENT IS OF NO LEGAL VALUE. PETITION DISMISSED.

2012 MLD 756.

17 A FCA, 1964, NONCOMPLIANCE OF INTERIM ORDER, COURT MAY STRUCK OFF THE RIGHT OF THE DEFENDANT AND CAN PASS DECREE.

2016 MLD Sindh 742

APPEAL AGAINST THE INTERLOCUTORY ORDER NOT MAINTAINABLE

2014 CLC 11

HUSBAND DIED BORE COMPLETION OF 90 DAYS OF DIVORCE, DIVORCE NOT BECOME EFFECTIVE, WIFE COMMITTED TO BE HIS WIDOW AND ENTITLED TO INHERIT HIS PROPERTY.

1994 SCMR 1720

PLD 1963 SC 51

2017 CLC 516 Sindh.

NEW NAME OF THE WITNESSES ARE ALLOWED.

PLD 2103 SC 255

2005 MLD 1776

2009 CLC 269

GOLD IN DOWRY

PRICE OF GOLD ORNAMENT IN SUIT FOR RECOVERY OF GOLD ORNAMENT WILL BE DETERMINED FROM THE DATE OF INSTITUTION OF THE CASE.

1996 SMR 1063

2017 SCMR 321

2013 SCMR 1049

PLJ 2013 SC 626

2014 CLC 895

2013 CLC 492

PLD 2012 Lah 165

2015 CLC 105

2012 MLD 1594

EVIDENCE IN FAMILY CASES

WHEN THE DIRECT EVIDENCE TO PROVE A FACT WAS AVAILABLE IN THE SHAPE OF ORAL AS WELL AS DOCUMENTARY EVIDENCE THEN THERE WAS NO NEED TO SEEK EXPERT OPINION WHICH OTHERWISE IS A THIRD PERSON OPINION AND CAN’T UNDO THE DIRECT EVIDENCE OF THE PARTIES.

2015 SCMR 284

PLD 2015 Lah 500

PLD 2010 Lah 422

QANOON E SHAHADAT NOT STRICTO SENSU APPLICABLE IN FAMILY COURT. OBJECT OF THE FAMILY COURT IS TO ADVANCE JUSTICE AND TO AVOID TECHNICALITIES. CONCURRENT FINDING OF THE FACT. CONSTITUTIONAL PETITION DISMISSED.

2016 MLD Lah 668

MERE FACT THAT THE PARTY DID NOT FORMALLY PROVE THE DOCUMENT IS OF NO LEGAL VALUE. PETITION DISMISSED.

2012 MLD 756.

CASE OF MAINTENANCE ALLOWNCE

SUIT OF MAINTENANCE ALLOWANCE BY THE MOTHER AGAINST HER SON, MAINTAINABLE.

2012 MLD 148

2013 CLC 452

DIVORCED DAUGHTER CAN FILE SUIT FOR MAINTENANCE AGAINST HER FATHER.

PLD 2012 Lah 154

WIFE NOT ENTITLED FOR MAINTENANCE WHERE THE DEFENDANT WAS THE ONLY SON OF THE PARENTS AND WIFE DEMANDED SEPARATE HOUSE TO LIVE.

PLJ 2010 Lah 271

APPEAL/DECREE/EX PARTE DECREE BY FAMILY COURT.

SECTION 5 OF LIMITATION NOT APPLICABLE BEFORE FAMILY COURT. LIMITATION FOR SETTING ASIDE EX PARTE DECREE IS 30 DAYS FROM DATE OF DECREE AND NOT FROM DATE OF KNOWLEDGE.

PLJ 2012 SC AJK 122

NO APPEAL LIES AGAINST DECREE OF DOWER AMOUNT.

2001 SCJ 297

NEW NAME OF THE WITNESSES ARE ALLOWED.

PLD 2103 SC 255

2005 MLD 1776

2009 CLC 269

CASE BY THE HUSBAND

HUSBAND CAN FILE CASE FOR RECEIVING THE GIFT ETC IN FAMILY COURT AND NOT IN CIVIL COURT, ON APPLYING COURT FEE.

2014 CLC 87

NEW NAME OF THE WITNESSES ARE ALLOWED.

PLD 2103 SC 255

2005 MLD 1776

2009 CLC 269

POWER OF FAMILY COURT

FAMILY COURT HAS POWER TO REVIEW HIS OWN ORDER TO SOME EXTENT.

2016 PLD Lah 73

MANGNI

MANGNI HAS NO LEGAL EFFECT, UNDER MUSLIM LAW.

1990 MLD 792

NIKAH NAMA

UNDERTAKING GIVEN IN NIKAH NAMA, PART OF DOWER. MATTER OF ADJUCATION BY FAMILY COURT.

PLD 2016 SC 613

PROPERTY MENTIONED IN NIKAH NAMA, TO BE GIVEN TO WIFE.

2016 MLD 925

2010 YLR 2452

2013 YLR 1118

2015 PLD 88

ANY CONDITION, MENTIONED IN NIKAH NAMA BY THE HUSBAND, IN CASE OF PRONOUNCING TALAQ ETC BY HUSBAND, NO LEGAL VALUE.

2008 SCMR 186

PLD 2011 SC 260

2012 CLC 837

GIFTS GIVEN TO THE WIFE, MENTIONED IN COLUMN NO 16, RIGHT OF WIFE, NOT REFUNDABLE.

2010 YLR 349

NIKAH NAMA, PER SE ADMISIBLE IN EVIDENCE, FOR TRANSFER OF PROPERTY IN LIU OF DOWER.

PLD 2000 Lah 236

UNDERTAKING GIVEN IN NIKAH NAMA, PART OF DOWER. MATTER OF ADJUCATION BY FAMILY COURT.

PLD 2016 SC 613

DOWER

DOWER, BETWEEN SPOUSES CAN BE INCREASED SUBSEQUENTLY.

2017 PLJ 41

2016 SCMR 2170

2016 MLD 1411

SNATCHING OF DOWER AFTER GIVING THE WIFE, MATTER FALLS WITHIN THE JURISDICTION OF FAMILY COURT.

PLD 2015 Lah 57

JACTITATION OF MARRIAGE

CASE OF JACTITATION OF MARRIAGE, FILED BY OTHER THAN THE WIFE OR HUSBAND, NOT MAINTAINABLE IN FAMILY COURT.

PLD 2006 Lah 260

CASE OF MAINTENANCE ALLOWNCE

SUIT OF MAINTENANCE ALLOWANCE BY THE MOTHER AGAINST HER SON, MAINTAINABLE.

2012 MLD 148

2013 CLC 452

DIVORCED DAUGHTER CAN FILE SUIT FOR MAINTENANCE AGAINST HER FATHER.

PLD 2012 Lah 154

WIFE NOT ENTITLED FOR MAINTENANCE WHERE THE DEFENDANT WAS THE ONLY SON OF THE PARENTS AND WIFE DEMANDED SEPARATE HOUSE TO LIVE.

PLJ 2010 Lah 271

DEATH OF THE HUSBAND

DEATH OF THE HUSBAND BEFORE THE EXPIRY OF 90 DAYS, WIFE COMMITTED TO BE HIS WIDOW AND ENTITLED TO INHERIT HIS PROPERTY.

1994 SCMR 1720

PLD 1963 SC 51

2017 CLC 516 Sindh.

PLD 1974 SC 22

1998 SCMR 1812

IDDAT

2^ndMARRIAGE WITHOUT IDDAT

2016 CLC Lah 717

2004 YLR FSC 619

POWER OF FAMILY COURT

FAMILY COURT HAS POWER TO REVIEW HIS OWN ORDER TO SOME EXTENT.

2016 PLD Lah 73

DIVORCE

ORAL DIVORCE HAVE NO IMPORTANCE.

 PLD 2006 SC 457

DIVORCE IS NOT NECESSARY TO BE EXECUTED ON STAMP PAPER.

2004 CLC 984

DIVORCE ON THE BASES OF KHULA, WOULD BE ONE DIVORCE. SPOUSES CAN OPT REUNION WITHOUT HALALA, EVEN AFTER 10 YEARS AND EVEN AFTER CERTIFICATE BY UNION COUNCIL

2011 CLC 1211

PLD 2011 Lah 458

PLD 2003 Pesh 169

PLD 2013 Sindh 209

PLJ 2010 Kar 97

PROCEDURE IN FAMILY COURT

WHEN THE DIRECT EVIDENCE TO PROVE A FACT WAS AVAILABLE IN THE SHAPE OF ORAL AS WELL AS DOCUMENTARY EVIDENCE THEN THERE WAS NO NEED TO SEEK EXPERT OPINION WHICH OTHERWISE IS A THIRD PERSON OPINION AND CAN’T UNDO THE DIRECT EVIDENCE OF THE PARTIES.

2015 SCMR 284

PLD 2015 Lah 500

PLD 2010 Lah 422

PROCEEDINGS IN FAMILY COURT SHALL BE GOVERNED BY GENERAL PRINCIPLE OF EQUALITY, FAIR PLAY AND JUSTICE.

2017 SCMR 321

EVIDENCE IN FAMILY CASES

WHEN THE DIRECT EVIDENCE TO PROVE A FACT WAS AVAILABLE IN THE SHAPE OF ORAL AS WELL AS DOCUMENTARY EVIDENCE THEN THERE WAS NO NEED TO SEEK EXPERT OPINION WHICH OTHERWISE IS A THIRD PERSON OPINION AND CAN’T UNDO THE DIRECT EVIDENCE OF THE PARTIES.

2015 SCMR 284

PLD 2015 Lah 500

PLD 2010 Lah 422

QANOON E SHAHADAT NOT STRICTO SENSU APPLICABLE IN FAMILY COURT. OBJECT OF THE FAMILY COURT IS TO ADVANCE JUSTICE AND TO AVOID TECHNICALITIES. CONCURRENT FINDING OF THE FACT. CONSTITUTIONAL PETITION DISMISSED.

2016 MLD Lah 668

MERE FACT THAT THE PARTY DID NOT FORMALLY PROVE THE DOCUMENT IS OF NO LEGAL VALUE. PETITION DISMISSED.

2012 MLD 756.

NIKAH NAMA

UNDERTAKING GIVEN IN NIKAH NAMA, PART OF DOWER. MATTER OF ADJUCATION BY FAMILY COURT.

PLD 2016 SC 613

SNATCHING OF DOWER AFTER GIVING THE WIFE, MATTER FALLS WITHIN THE JURISDICTION OF FAMILY COURT.

PLD 2015 Lah 57

SUIT OF MAINTENANCE ALLOWANCE BY THE MOTHER AGAINST HER SON, MAINTAINABLE.

2012 MLD 148

2013 CLC 452

DIVORCED DAUGHTER CAN FILE SUIT FOR MAINTENANCE AGAINST HER FATHER.

PLD 2012 Lah 154

NO APPEAL LIES AGAINST DECREE OF DOWER AMOUNT.

2001 SCJ 297

CONSTITUTIONAL PETITION

TO CHALLENGE THE ORDER ON THE GROUND THAT THE EVIDENCE WAS NOT PROPERLY APPRECIATED, AS FINDING OF FACT RECORDED BY THE COURT OF COMPETENT JURISDICTION COULD NOT BE DISTURBED SOLELY ON THE GROUND THAT ANOTHER VIEW WAS POSSIBLE ON THE SAME EVIDENCE. IN CONSTITUTIONAL PETITION HIGH COURT COULD NOT SIT AS A COURT OF APPEAL.

2016 MLD Lah 801

2016 MLD Lah 693

PLD 2006 SC 457

FACTUAL CONTROVERSY COULD NOT BE RESOLVED IN WRIT.

2016 MLD Lah 693

QANOON E SHAHADAT NOT STRICTO SENSU APPLICABLE IN FAMILY COURT. OBJECT OF THE FAMILY COURT IS TO ADVANCE JUSTICE AND TO AVOID TECHNICALITIES. CONCURRENT FINDING OF THE FACT. CONSTITUTIONAL PETITION DISMISSED.

2016 MLD Lah 668

MERE FACT THAT THE PARTY DID NOT FORMALLY PROVE THE DOCUMENT IS OF NO LEGAL VALUE. PETITION DISMISSED.

2012 MLD 756.

17 A FCA, 1964, NONCOMPLIANCE OF INTERIM ORDER, COURT MAY STRUCK OFF THE RIGHT OF THE DEFENDANT AND CAN PASS DECREE.

2016 MLD Sindh 742

APPEAL AGAINST THE INTERLOCUTORY ORDER NOT MAINTAINABLE

2014 CLC 11

DOWRY

NON PRODUCTION OF THE RECEIPT OF DOWRY ARTICLES

2013 CLC 638

2010MLD 1049

2010 MLD 1

TIME FOR FILING DOWRY SUIT, THREE YEARS.

2016 MLD Islamabad 313

2016 MLD 693

SOLITARY STATEMENT OF WIFE SUFFICIENT TO PROVE THE CLAIM OF DOWRY.

PLJ 2015 Lah 7

2012 MLD 756

DETERMINATION OF VALUE OF DOWRY, SOLE STATEMENT OF WIFE HELD ENOUGH.

2015 MLD 1069

WIFE ABSOLUTE OWNER OF DOWRY OR BRIDAL GIFT

2011 YLR 1000

GOLD IN FAMILY MATTERS

PRICE OF GOLD ORNAMENT IN SUIT FOR RECOVERY OF GOLD ORNAMENT WILL BE DETERMINED FROM THE DATE OF INSTITUTION OF THE CASE.

1996 SMR 1063

2017 SCMR 321

2013 SCMR 1049

PLJ 2013 SC 626

2014 CLC 895

2013 CLC 492

PLD 2012 Lah 165

2015 CLC 105

2012 MLD 1594

MAINTENANCE

TILL THE DATE OF IDDAT, DIVORCED WIFE IS ENTITLED FOR THE MAINTENANCE.

2016 SCMR 1195

DIVORCED DAUGHTER CAN FILE SUIT FOR MAINTENANCE AGAINST HER FATHER.

PLD 2012 Lah 154

INTERLOCUTORY ORDER

17 A FCA, 1964, NONCOMPLIANCE OF INTERIM ORDER, COURT MAY STRUCK OFF THE RIGHT OF THE DEFENDANT AND CAN PASS DECREE.

2016 MLD Sindh 742

APPEAL AGAINST THE INTERLOCUTORY ORDER NOT MAINTAINABLE

2014 CLC 11

APPEAL/DECREE/EX PARTE DECREE BY FAMILY COURT.

SECTION 5 OF LIMITATION NOT APPLICABLE BEFORE FAMILY COURT. LIMITATION FOR SETTING ASIDE EX PARTE DECREE IS 30 DAYS FROM DATE OF DECREE AND NOT FROM DATE OF KNOWLEDGE.

PLJ 2012 SC AJK 122

NO APPEAL LIES AGAINST DECREE OF DOWER AMOUNT.

2001 SCJ 297

CONSTITUTIONAL PETITION

TO CHALLENGE THE ORDER ON THE GROUND THAT THE EVIDENCE WAS NOT PROPERLY APPRECIATED, AS FINDING OF FACT RECORDED BY THE COURT OF COMPETENT JURISDICTION COULD NOT BE DISTURBED SOLELY ON THE GROUND THAT ANOTHER VIEW WAS POSSIBLE ON THE SAME EVIDENCE. IN CONSTITUTIONAL PETITION HIGH COURT COULD NOT SIT AS A COURT OF APPEAL.

2016 MLD Lah 801

2016 MLD Lah 693

PLD 2006 SC 457

FACTUAL CONTROVERSY COULD NOT BE RESOLVED IN WRIT.

2016 MLD Lah 693

LAW OF GIFT

LAW OF GIFT DOES NOT REQUIRE A DONOR TO MENTION THE REASON FOR GIFTING PROPERTY T ANY PERSON AND EXCLUDING OTHER.

2016 YLR Lah 116

NO GIFT UNLESS TRANSFER OF POSSESSION TAKE PLACE.

PLD 1974 SC 185

LAW ON PATERNITY

ACKNOWLEDGE OF PATERNITY. CHILD EVEN IF ILLEGITIMATE BY BIRTH BECOMES LEGITIMATE BY FORCE OF ACKNOWLEDGMENT OF PATERNITY.

1988 PLD SC 8

1980 PLD SC 228

1976 PLD SC 767

1973 PLD Baghdad UI Jadeed 48

IF MOTHER NOT MARRIED WITH OTHER PERSON, THE CHILD WHO IS BORN WITHIN A PERIOD OF TWO YEARS WILL BELONG TO THE 1^ST HUSBAND.

PLD 2015 SC 327