| Case ID |
0564bbbb-c113-4131-9137-c4262461cd07 |
| Body |
View case body. Login to View |
| Case Number |
C.P. No. 3095 of 2017 |
| Decision Date |
Aug 15, 2018 |
| Hearing Date |
Aug 15, 2018 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal filed by Muhammad Asim against the previous judgments regarding maintenance and haq mehr. The Court upheld the decisions of the Family Judge and the Appellate Court, emphasizing the necessity for full disclosure of income for maintenance calculations. The Court criticized the intentional non-disclosure of earnings by Muhammad Asim, underlining that such actions unjustly burden his former wife and child. The maintenance amount was deemed reasonable, reflecting the need to account for inflation. The appeals were dismissed with costs in favor of Mst. Samro Begum. |
| Summary |
This case revolves around the dissolution of marriage and the financial responsibilities of a husband towards his former wife and child. Muhammad Asim appealed against decisions that awarded maintenance and haq mehr to his ex-wife, Mst. Samro Begum, following their divorce. The Supreme Court of Pakistan ruled against Asim, insisting on the importance of income disclosure for fair maintenance assessments. The Court noted that non-disclosure could lead to adverse inferences about a party's financial capacity. The judges stressed that financial obligations must be met to support children and former spouses adequately. The ruling serves as a critical reminder of the legal standards governing family law, particularly in the context of maintenance and marital dissolution. Keywords include maintenance, family law, divorce, haq mehr, and financial disclosure. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Qazi Faez Isa,
Yahya Afridi,
Muhammad Asim
|
| Lawyers |
Mr. Salamat Shah Mahsod,
Mr. Asif Hameed Qureshi
|
| Petitioners |
Muhammad Asim
|
| Respondents |
Mst. Samro Begum
|
| Citations |
2019 SLD 94,
2019 PLJ 41
|
| Other Citations |
Not available
|
| Laws Involved |
Muslim Family Laws Ordinance, 1961,
Civil Procedure Code (V of 1908)
|
| Sections |
7,
9,
10,
O.XLI,R.33
|