| Case ID |
14ad7c7f-bd3d-4d3a-8d46-dadad209c8aa |
| Body |
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| Case Number |
Writ Petition No.9789 of 1996 |
| Decision Date |
Sep 23, 1998 |
| Hearing Date |
Sep 23, 1998 |
| Decision |
The Lahore High Court dismissed the writ petition challenging the Family Court's decision. The court found that the petitioner had caused undue delays and suffering to the respondent, who faced mental anguish and litigation from 1984 to 1998. The judgment concluded that the forged Nikahnama presented by the petitioner was not valid and that the evidence of the respondent was credible. The petitioner was ordered to pay costs recoverable as arrears of land revenue, acknowledging the significant hardships faced by the respondent during the prolonged litigation. |
| Summary |
In the case Writ Petition No.9789 of 1996, the Lahore High Court dealt with a dispute regarding the jactitation of marriage and restitution of conjugal rights. The petitioner, Mst. Zaibun Nisa, had filed a suit alleging that her marriage to the respondent was based on a forged Nikahnama. The court found that the evidence presented by the petitioner was insufficient and highlighted the mental torture endured by the respondent due to the petitioner's actions. The court emphasized the importance of authentic marriage documentation under the West Pakistan Family Courts Act and the Constitution of Pakistan. This case underscores the need for proper legal representation and the protection of individuals' rights in family law matters. It also serves as a reminder of the court's role in ensuring justice and the effective handling of family disputes. The decision was significant in reaffirming the evidentiary standards required in family law cases, particularly concerning marriage validity and the implications of forged documents. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
TASSADUQ HUSSAIN,
JILANI,
MUMTAZ HUSSAIN
|
| Lawyers |
Zahid Hussain Khan,
Nadeem-ud-Din Malik,
Zulfiqar Ali
|
| Petitioners |
Mst. ZAIBUN NISA
|
| Respondents |
another,
Mst. ZAIBUN NISA
|
| Citations |
1999 SLD 845,
1999 CLC 594
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Family Courts Act (XXXV of 1964),
Constitution of Pakistan (1973),
Muslim Family Laws Ordinance (VIII of 1961)
|
| Sections |
5,
199,
5
|