| Case ID |
159e4e2a-16c1-4c6a-a2cd-7bfba2479223 |
| Body |
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| Case Number |
Writ Petition No. 454 of 2010 |
| Decision Date |
Oct 17, 2012 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the writ petition filed by Mst. Ishrat Bibi against the judgment and decree of the Family Court which dissolved her marriage on the basis of khula. The court found that the element of cruelty alleged by the petitioner was disproved. The wife’s decision to leave her husband's house was deemed a desertion rather than an ouster by the husband. The court held that since the petitioner was a disobedient wife, she was not entitled to claim maintenance, which the Family Court had rightly disallowed. The High Court declined to interfere in the factual determination made by the Family Court unless there was a jurisdictional error or legal infirmity, which was not present in this case. |
| Summary |
In the case of Mst. Ishrat Bibi vs Muhammad Arshad, the Peshawar High Court addressed the complexities of family law under the Family Courts Act, 1964 and the Constitution of Pakistan, 1973. The petitioner contended that her marriage should not have been dissolved on the basis of khula due to established cruelty from her husband. However, the court found that the petitioner had voluntarily left her marital home, which constituted desertion. The court emphasized the importance of marital obligations and the rights to maintenance, concluding that the petitioner was not entitled to maintenance due to her disobedient behavior. This case highlights critical aspects of family law, including the rights of women in marital disputes and the standards for proving cruelty in divorce proceedings. Keywords such as 'family law', 'maintenance rights', 'divorce', 'khula', and 'Pakistan legal system' are essential for understanding the implications of this case. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Qaiser Rashid Khan,
Shah Jehan Akhundzada
|
| Lawyers |
Muhammad Anwar Awan,
Syed Aamer Hussain Ziadi
|
| Petitioners |
Mst. Ishrat Bibi
|
| Respondents |
Another,
Muhammad Arshad
|
| Citations |
2013 SLD 1406 = 2013 MLD 537
|
| Other Citations |
Not available
|
| Laws Involved |
Family Courts Act, 1964,
Constitution of Pakistan, 1973
|
| Sections |
5,
Schedule,
199
|