| Case ID |
207c92ae-b534-43e2-b8f2-0df671a9ba24 |
| Body |
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| Case Number |
Writ Petition No.3173 of 2011 |
| Decision Date |
Nov 19, 2013 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the father of the husband is a necessary and proper party in the suit for dissolution of marriage and related claims. The court held that the Family Court's order to delete the father's name from the proceedings was invalid without recording evidence to determine his necessity. The court emphasized that any person whose presence is essential for the proper resolution of disputes must be included as a party in family suits. Consequently, the Family Court's decision was set aside, and the case was directed to be resolved expeditiously. |
| Summary |
This case revolves around a family dispute involving a petition for the dissolution of marriage and related claims such as maintenance and recovery of dowry articles. The petitioner, Ayesha Bibi, sought to include her husband's father as a party in the case, arguing that he possessed certain items relevant to the claims. The Lahore High Court's decision highlights the importance of including all necessary parties in family law cases for an enforceable judgment. The ruling underscores the provisions of the Family Courts Act, 1964, particularly regarding the definition of 'party' in legal proceedings. This case serves as a crucial reference for future family law disputes, stressing the need for comprehensive adjudication involving all relevant parties. The court ordered the Family Court to expedite the decision-making process, thereby ensuring timely justice in family matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHEZADA MAZHAR, J
|
| Lawyers |
Sh. Azfar Amin for Petitioner,
Aamir Shehzad Raja and Osama Mehboob for Respondents
|
| Petitioners |
AYESHA BIBI
|
| Respondents |
2 others,
MUHAMMAD FAISAL
|
| Citations |
2014 SLD 2053,
2014 PLD 498
|
| Other Citations |
2011 SCMR 1591
|
| Laws Involved |
Family Courts Act, 1964,
Constitution of Pakistan, 1973
|
| Sections |
2(1)(d),
5,
Sched,
199
|