| Case ID |
15b5a0c5-cee4-4004-8800-6406ceb193a9 |
| Body |
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| Case Number |
Writ Petition No.6321 of 2001 |
| Decision Date |
Apr 10, 2002 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by Muhammad Javed Iqbal against the decisions of the Family Court and the District Judge. The court upheld the Family Court's jurisdiction to adjudicate on matters of maintenance under the West Pakistan Family Courts Act, 1964. It was determined that the Family Court had the authority to grant maintenance for the minors and the wife, and the appeal process was found valid as per the provisions of the law. The court found no misreading of evidence and upheld the decisions made by the lower courts regarding maintenance amounts and delivery expenses. |
| Summary |
This case revolves around a constitutional petition regarding maintenance claims filed by Mst. Tahira Naveed against her husband Muhammad Javed Iqbal. The Lahore High Court addressed various aspects of the West Pakistan Family Courts Act, including the jurisdiction of Family Courts, appeal procedures, and representation through an agent. The court confirmed that the Family Court had the exclusive authority to determine maintenance amounts and delivery expenses, dismissing the petitioner's claims of misreading evidence and jurisdictional overreach. The decision reiterated the importance of maintaining family welfare through judicial mechanisms and emphasized the need for adherence to legal procedures in family law matters. This case highlights the complexities of family law, particularly regarding maintenance and the rights of women and children in family disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
FARRUKH LATEEF, J
|
| Lawyers |
Muhammad Naveed Hashmi,
Islam Ali Qureshi
|
| Petitioners |
Mst. TAHIRA NAVEED
|
| Respondents |
Muhammad Javed Iqbal
|
| Citations |
2002 SLD 2019,
2002 CLC 1748
|
| Other Citations |
1995 MLD 1057
|
| Laws Involved |
West Pakistan Family Courts Act (XXXV of 1964)
|
| Sections |
5,
14,
17,
18,
14(2)(c)
|