| Case ID |
1f2314c8-3c6d-45fe-a874-a6e74abbb6b2 |
| Body |
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| Case Number |
Writ Petition No. 7506 of 2019 |
| Decision Date |
Dec 30, 2021 |
| Hearing Date |
|
| Decision |
The court dismissed the constitutional petition challenging the decree based on Clause 19 of the Nikahnama, which mandated that the petitioner provide financial support to the wife in the event of an unreasoned divorce. The court found that the financial benefits agreed upon were reasonable and did not impede the right to divorce. The judgment emphasized that agreements made in the Nikahnama are civil contracts that both parties are free to negotiate. The court distinguished this case from previous judgments that were cited, affirming the legality of the financial arrangements under Islamic law. The petitioner's contention that the condition was contrary to law and Islamic injunctions was rejected, and the court upheld the validity of the financial support as an expression of ongoing responsibility and affection. |
| Summary |
In the landmark case before the Lahore High Court, the legal intricacies surrounding the Family Courts Act, 1964, particularly Section 5, were examined. The petitioner, Ghulam Shabbir, challenged the decree based on Clause 19 of the Nikahnama, which required him to provide gold ornaments or finances in the case of an unreasoned divorce from Mst. Abbas Bibi. The court ruled that the financial obligations outlined in the Nikahnama were valid and did not infringe on the right to divorce. This decision not only clarifies the enforceability of financial agreements in divorce proceedings but also reinforces the principles of mutual consent and responsibility in marital contracts under Islamic law. The ruling is crucial for understanding the balance between personal rights and obligations within family law, setting a precedent for future cases involving alimony and spousal support. The court's decision underscores the importance of contractual agreements in nikah and the role they play in protecting the rights of spouses post-divorce. Keywords such as 'Family Courts Act', 'Nikahnama', 'alimony', 'Islamic law', and 'divorce rights' are central to this case, which may attract significant attention in legal discussions and academic circles. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ASIM HAFEEZ, J
|
| Lawyers |
Rana Muhammad Hussain for Petitioner,
Muhammad Irshad Ch. for Respondents Nos.1 and 2
|
| Petitioners |
GHULAM SHABBIR
|
| Respondents |
Mst. ABBAS BIBI and others
|
| Citations |
2022 SLD 2404,
2022 CLC 963
|
| Other Citations |
Muhammad Sajjad v. ADJ and others PLJ 2021 Lahore 485,
Muhammad Bashir Ali Siddiqui v. Mst. Sarwar Jahan Begum and another 2008 SCMR 186,
Rukhsana Ambreen v. District and Sessions Judge, Khushab and 2 others 2021 CLC 1512,
Muhammad Ahmad v. Additional District, Judge and others 2019 CLC 89
|
| Laws Involved |
Family Courts Act, 1964
|
| Sections |
5
|