| Case ID |
0a1fc097-1d07-4fe4-b93d-9a09df2f324d |
| Body |
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| Case Number |
Civil Appeal No. 50 of 1990 |
| Decision Date |
Aug 01, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal filed by Mst. Kaneez Fatima against the judgment of the Lahore High Court. The court found that the parties had entered into a compromise that effectively waived the compulsory proceedings under section 7 of the Muslim Family Laws Ordinance, 1961. Consequently, the court upheld that the divorce was valid and that the appellant could not claim maintenance or other benefits under the Ordinance. The judgment emphasized the importance of adhering to the legal provisions in family law matters, particularly those concerning the dissolution of marriage, and clarified the interpretation of Article 2A concerning the compatibility of laws with Islamic injunctions. |
| Summary |
This case revolves around the interpretation of family law in Pakistan, specifically the Muslim Family Laws Ordinance, 1961, and its compliance with the Constitution. The Supreme Court addressed the validity of a divorce and the implications of a compromise made by the parties. The judgment underscores the necessity for legal proceedings to follow prescribed statutory requirements, emphasizing the role of the courts in upholding the law while considering Islamic principles. The ruling highlights the intersection of family law and constitutional provisions, particularly Article 2A, which aims to align existing laws with Islamic injunctions. The case sets a precedent for future disputes regarding marital dissolution and maintenance claims, establishing the importance of legal compliance in family matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFLUR RAHMAN,
ABDUL QADEER CHAUDHRY,
SALEEM AKHTAR,
SAEEDUZZAINAN SIDDIQUI,
WALI MUHWNMAD KHAN
|
| Lawyers |
Hafiz SA. Rehman,
Manzoor Elahi,
Ch. Altaf Hussain,
Imtiaz Muhammad Khan
|
| Petitioners |
Mst. KANEEZ FATIMA
|
| Respondents |
another,
WALI MUHAMMAD
|
| Citations |
1993 SLD 340,
1993 PLD 901
|
| Other Citations |
Hakim Khan and others v. Government of Pakistan and others PLD 1992 SC 595,
I Aziz A. Sheikh v. Commissioner of Income Tax PLD 1989 SC 613,
Jamal Shah v. The Member, Election Commission, Government of Pakistan, Lahore PLD 1966 SC 1,
Fauji Foundation v. Shamimur Rehman PLD 1983 SC 457,
Province of East Pakistan v. Sirajuddin Patwari PLD 1966 SC 854,
Muhammad Yusuf v. Chief Settlement and Rehabilitation Commissioner PLD 1968 SC 101,
Muhammad Akhtar Hussain v. Government of West Pakistan PLD 1970 SC 146,
Allah Dad v. Mukhtar Ahmad and another 1992 SCMR 1273,
Mst. Bashiran and others v. Muhammad Hussain and another PLD 1988 SC 186,
Syed Ali Nawaz Gardezi v. IA.-Col. Muhammad Yusuf PLD 1963 SC 51,
Abdul Manan v. Safurun Nessa 1970 SCMR 845,
Muhammad Salahuddin v. Muhammad Nazir Siddiqui 1984 SCMR 583,
Junaid Ali v. Abdul Qadir 1987 SCMR 518
|
| Laws Involved |
Constitution of Pakistan (1973),
Muslim Family Laws Ordinance (VIII of 1961)
|
| Sections |
2A,
227,
7
|