| Case ID |
106a8874-b128-436c-9026-ad53d26684ea |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 0103 of 1985 |
| Decision Date |
May 29, 1988 |
| Hearing Date |
May 29, 1988 |
| Decision |
The Supreme Court of Pakistan dismissed the petitioner's appeal against the Lahore High Court's judgment, which had determined that the divorce had become effective. The court found that the requisite notice of divorce had been served, and the petitioner's reliance on various judgments was not sufficient to overturn the finding of fact established by the High Court. The court concluded that the case was not appropriate for leave to appeal, as it did not suffer from any infirmity. The petitioner's assertion that she had not been divorced was not enough to grant relief. |
| Summary |
In the landmark case of Mst. Amna Zakariya vs. M. Zakariya Khan, the Supreme Court of Pakistan addressed critical issues surrounding family law and divorce under the Constitution of Pakistan, 1973, and the Muslim Family Laws Ordinance of 1961. The petitioner challenged the Lahore High Court's ruling that her divorce was effective, arguing that proper notice was not served. However, the Supreme Court upheld the High Court's findings, emphasizing that the necessary legal procedures were followed. The case illustrates the complexities of family law in Pakistan, particularly regarding divorce and the validity of notices. Legal practitioners and those interested in family law will find this case significant, as it sets a precedent for how divorce notices must be handled under Pakistani law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Afzal Zullah,
Saad Saood Jan
|
| Lawyers |
Syed Zamir Hussain Shah, Advocate Supreme Court,
Syed Abul Aasim Jaffari, Advocate-on-Record for Petitioner,
Khan Khudad Khan Barki, Advocate Supreme Court,
Ch. Qamaruddin Khan, Advocate-on-Record for Respondents
|
| Petitioners |
Mst. Amna Zakariya
|
| Respondents |
another,
M. Zakariya Khan
|
| Citations |
1989 SLD 432,
1989 SCMR 170,
1989 SLD 988
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Muslim Family Laws Ordinance (VIll of 1961),
West Pakistan Family Courts Act (XXXV of 1964)
|
| Sections |
185(3),
7,
5
|