| Case ID |
1fe82717-2a34-4aef-8071-cbca23695c88 |
| Body |
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| Case Number |
Writ Petition No. 27276 of 2011 |
| Decision Date |
Nov 13, 2014 |
| Hearing Date |
May 19, 2014 |
| Decision |
The Lahore High Court dismissed the constitutional petition filed by Mst. Rabia Gulzar and Alia Shahnaz against the Additional District Judge and others. The court upheld the findings of the appellate court regarding the quantum of maintenance allowance. The petitioners failed to establish the monthly expenditures incurred on Rabia Gulzar and the monthly income of the father, Gulzar Ahmed. The appellate court's findings regarding maintenance allowance, starting from the date of the institution of the suit, were confirmed. The court also dismissed the claim for recovery of dowry articles due to the delay in filing the suit, which was barred by time. The court emphasized that the factual controversies could not be addressed in constitutional jurisdiction. |
| Summary |
In the case of Mst. Rabia Gulzar and Alia Shahnaz vs. Additional District Judge, the Lahore High Court addressed significant issues under the Family Courts Act and constitutional jurisdiction. The petitioners sought recovery of maintenance allowance and dowry articles following a divorce that occurred in 1983. The court highlighted the failure of the petitioners to prove their claims regarding maintenance and the dowry articles. The case emphasized the importance of timely action in legal claims, particularly under the Limitation Act, as the suit for dowry recovery was barred by time due to the 26-year delay. The court's decision reinforces the legal standards surrounding maintenance claims and the necessity for evidence in family law disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ATIR MAHMOOD, JUSTICE
|
| Lawyers |
Ms. Erum Sajjad Gul for Petitioners,
Muhammad Akbar Shabbir Chohan for Respondents
|
| Petitioners |
Mst. RABIA GULZAR,
Alia Shahnaz
|
| Respondents |
ADDITIONAL DISTRICT JUDGE,
Gulzar Ahmed
|
| Citations |
2016 SLD 3081 = 2016 MLD 693
|
| Other Citations |
PLD 2002 Quetta 38,
2002 SCMR 701,
2008 SCMR 1584,
1995 MLD 1149,
Farah Naz v. Judge Family Court, Sahiwal PLD 2006 SC 457
|
| Laws Involved |
Family Courts Act (XXXV of 1964),
Constitution of Pakistan,
Limitation Act (IX of 1908),
Civil Procedure Code (V of 1908)
|
| Sections |
5,
199,
49,
O. XX, R. 10
|