| Case ID |
097dc063-2842-47b7-984a-39ea02216d37 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.2827 of 2016 |
| Decision Date |
Mar 02, 2023 |
| Hearing Date |
Mar 02, 2023 |
| Decision |
The Lahore High Court, presided by Justice Mirza Viqas Rauf, allowed the constitutional petition filed by Muhammad Suqrat, setting aside the impugned judgment of the Additional District Judge. The court ruled that the decision regarding the dissolution of marriage was a decree under the Family Courts Act, 1964, and thus executable. The court clarified that the execution petition for the return of dower was maintainable, distinguishing the case from the precedent set in Mst. Nadia Bibi v. Additional District Judge and others, where the decree was unconditional. The court emphasized that the dissolution of marriage was contingent upon the return of dower, affirming the enforceability of the decree. |
| Summary |
In the case of Muhammad Suqrat v. Additional District Judge, the Lahore High Court dealt with the execution of a decree related to the dissolution of marriage based on Khula, subject to the return of dower. The petitioner, Muhammad Suqrat, sought the return of four tolas of gold ornaments as part of the dower following a marriage dissolution decree. The execution petition was initially accepted by the Family Court but was later overturned by the Additional District Judge, who ruled the execution petition was not maintainable. This decision was contested in the constitutional petition. The High Court found that the decree was indeed executable and reinstated the Family Court's ruling, clarifying the legal standards surrounding the execution of family court decrees. This case highlights the importance of understanding the enforceability of family law decrees and the obligations of parties regarding dower in the context of marriage dissolution. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Not available
|
| Judges |
Mirza Viqas Rauf
|
| Lawyers |
Malik Faisal Sardar,
Shahbaz Ahmad Rajpoot,
Nusrat Naureen
|
| Petitioners |
MUHAMMAD SUQRAT
|
| Respondents |
ADDITIONAL DISTRICT JUDGE
|
| Citations |
2023 CLC 1285,
2023 SLD 1604
|
| Other Citations |
PLD 2013 Lah. 41
|
| Laws Involved |
Family Courts Act, 1964,
Family Courts Rules, 1965
|
| Sections |
13,
10(4),
16,
17
|