| Case ID |
14bcb655-4c58-4937-b39f-6f64588adcd1 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 89/ |
| Decision Date |
Apr 25, 1979 |
| Hearing Date |
Apr 25, 1979 |
| Decision |
The Supreme Court upheld the findings of the lower courts, confirming that the petitioner husband had exhibited habitual cruelty towards the plaintiff wife, failing to provide maintenance and unjustifiably turning her out of the marital home. The Court emphasized the applicability of Islamic law in matters of marriage dissolution and affirmed that the suit for dissolution could be filed in the district where the wife resided due to the husband's blameworthy conduct. The petition was dismissed as having no merit, reinforcing the court's authority to adjudicate based on personal law and factual findings supported by evidence. |
| Summary |
This case revolves around the dissolution of marriage under the Dissolution of Muslim Marriages Act, 1939, involving Mst. Naheed Akhtar and her husband. The Supreme Court of Pakistan ruled on the application of Islamic law concerning marriage dissolution, highlighting the husband's habitual cruelty and failure to provide maintenance. The case illustrates the importance of personal law in adjudicating marital disputes and emphasizes the rights of women under Islamic law. The court's decision reinforces the legal framework surrounding divorce, maintenance, and the jurisdiction of family courts in Pakistan. The ruling serves as a precedent for future cases regarding similar issues, ensuring that the rights of women are upheld in accordance with Islamic principles. This case is significant for its interpretation of the law and its implications for family law jurisdiction in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
G. Safdar Shah,
Karam Elahee Chauhan
|
| Lawyers |
M. Bilal, Advocate Supreme Court,
Y. H. Zaidi, Advocate on Record
|
| Petitioners |
Mst. Naheed Akhtar
|
| Respondents |
Another,
Mst. Naheed Akhtar
|
| Citations |
1979 SLD 423,
1979 PLD 864
|
| Other Citations |
Muhammad Baksh v. The Crown A I R 1950 Lab. 133,
Mst. Khurshid BIBI v. Muhammad Amin P L D 1967 S C 97,
Mst. Fazlan Bibi v. Muhammad Azam P L D 1952 Lab. 227,
Ishtlaq Ahmad v. Second Additional District Judge, Sukkur P L D 1977 Kar. 733,
Mahbub Ahmad v. First Additional District Judge and another P L D 1976 Kar. 978,
Muhammad Noor v. District Magistrate, Peshawar P L D 1970 S C 273
|
| Laws Involved |
Dissolution of Muslim Marriages Act, 1939,
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908),
Muslim Family Laws Ordinance, 1961
|
| Sections |
2,
185(3),
199,
20(c),
7,
8,
9
|