| Case ID |
232e0b73-ab74-44f1-82d6-365c74ffb152 |
| Body |
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| Case Number |
Writ Petition No.897-A of 2021 |
| Decision Date |
Oct 17, 2022 |
| Hearing Date |
Oct 17, 2022 |
| Decision |
The writ petition being berift of merits, is dismissed. The High Court accepted the findings that the dower had been paid and subsequently taken back by the petitioner, confirming that no order for the return of the dower was necessary. Additionally, the custody of minors was rightly granted to the respondent as she was proven to be a responsible and caring mother, whereas the petitioner was found to be irresponsible and unreliable. The Court found no legal infirmity or irregularity in the lower courts' judgments, thereby upholding the previous decrees and dismissing the constitutional petition in its entirety. |
| Summary |
In the landmark case of Writ Petition No.897-A of 2021, decided by the Lahore High Court, Bahawalpur Bench on 17th October 2022, the court addressed critical issues under the Family Courts Act, 1964 by Sections 5 and 10(5), leading to a profound judgment on the dissolution of marriage and custody of minors. The petitioner, Malik Khursheed, sought the dismissal of previous decrees related to the dissolution of the marriage via Khula without the return of dower. The court meticulously examined the validity of the dower transaction, confirming that although the dower in the form of 16 tolas of gold ornaments was initially paid to the wife at the time of marriage, it was subsequently taken back by the petitioner. Consequently, the court ruled that no order for the return of the dower was necessary, upholding the appellate court's findings. Furthermore, the case delved into the guardianship of minors under the Guardians and Wards Act of 1890, specifically Section 25, where the petitioner’s irresponsible behavior and lack of financial stability were contrasted with the respondent’s demonstrable reliability and dedication to providing for the minors. The court rightfully granted custody to the respondent, recognizing her as the best guardian. The decision also reaffirmed constitutional jurisdiction under Article 199 of the Constitution of Pakistan, affirming that the High Court's role is to assess legal questions rather than reconsider factual determinations made by lower courts. This verdict emphasizes the importance of essential virtues such as love, care, trust, and responsibility in marital relationships, aligning with the Islamic principles outlined in the Quran. The dismissal of the constitutional petition underscores the court's adherence to established legal frameworks and evidentiary standards, reinforcing the precedent for future family law cases. The case not only resolves the immediate disputes between the parties but also sets a significant legal precedent in matters of family dissolution and child custody under Pakistani law. |
| Court |
Lahore High Court, Bahawalpur Bench
|
| Entities Involved |
Zafar Iqbal,
Riaz Ahmed,
Malik KHURSHEED,
Mst. TEHSEEN BIBI,
Jehangir Elahi,
Fazal Subhan
|
| Judges |
Fazal Subhan
|
| Lawyers |
Jehangir Elahi,
Zafar Iqbal,
Riaz Ahmed
|
| Petitioners |
Malik KHURSHEED
|
| Respondents |
Mst. TEHSEEN BIBI
|
| Citations |
2023 CLC 916,
2023 SLD 1487
|
| Other Citations |
Not available
|
| Laws Involved |
Family Courts Act, XXXV of 1964,
Guardians and Wards Act (VIII of 1890),
Constitution of Pakistan
|
| Sections |
S.5,
Sched.10(5),
S.25,
Art. 199
|