| Case ID |
22924370-b42c-4377-aae9-2994aa121343 |
| Body |
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| Case Number |
C.M. No. 7-C of 2023/BWP |
| Decision Date |
Apr 05, 2024 |
| Hearing Date |
Mar 22, 2024 |
| Decision |
The Lahore High Court, Bahawalpur Bench, ruled that the applications filed under Section 12(2) of the Civil Procedure Code by both applicants were dismissed due to failure to establish the claims of fraud and misrepresentation in the proceedings. The court found that the evidence presented by the respondents was sufficient to uphold the previous judgments, confirming that Rabia Imran was the legally wedded wife of Imran Azam and that Ali Imran was their legitimate son. The court emphasized that the applicants did not provide adequate documentary evidence to support their assertions, and their claims regarding the validity of the marriages were insufficient to overturn established judicial decisions. |
| Summary |
In the case titled C.M. No. 7-C of 2023/BWP, the Lahore High Court dealt with issues of legal heirs and the validity of marriages under the Muslim Family Laws Ordinance. The court examined the claims of Muhammad Siddique and his co-applicants against Rabia Rafique regarding the legal status of Imran Azam's heirs. The court found that the evidence presented by the respondents, including marriage documents and birth certificates, established their claims as the legitimate family of the deceased. The applicants' failure to provide substantial evidence led to the dismissal of their applications under Section 12(2) of the Civil Procedure Code. This case highlights the importance of documentary evidence in family law disputes and the stringent standards required to prove claims of fraud and misrepresentation in court. |
| Court |
Lahore High Court, Bahawalpur Bench
|
| Entities Involved |
|
| Judges |
Ahmad Nadeem Arshad, J.
|
| Lawyers |
Mr. Amir Aqeel Ansari,
M/s. Nadeem Iqbal Chaudhry and Rana Rizwan,
M/s. Hafeez-ur-Rehman Hafeez and Rana Ahtisham Shoukat
|
| Petitioners |
MUHAMMAD SIDDIQUE
|
| Respondents |
,
RABIA RAFIQUE
|
| Citations |
2024 SLD 4570,
2024 PLJ 584
|
| Other Citations |
PLD 1983 SC 169,
PLD 2019 SC 449,
2023 SCMR 2158,
PLD 2024 SC 262,
1997 SCMR 610,
2008 SCMR 226,
PLD 2018 SC 828
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Specific Relief Act, 1877,
Muslim Family Laws Ordinance, 1961
|
| Sections |
12(2),
42,
54,
7(1)
|