| Case ID |
24f60441-f704-48bc-ab2d-b8759c369fa1 |
| Body |
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| Case Number |
Writ Petition No. 5927 of 2018 |
| Decision Date |
Apr 20, 2018 |
| Hearing Date |
|
| Decision |
The Lahore High Court addressed a constitutional petition regarding the dismissal of a temporary injunction application by the Family Court. The petitioner sought interim relief to prevent the respondent from transferring property during the pendency of a suit for recovery of dower and maintenance. The court determined that the Family Court had jurisdiction to entertain the application under Section 21-A of the Family Courts Act. It concluded that the dismissal of the application constituted a final determination concerning the preservation of property rights, making the order appealable under Section 14 of the Family Courts Act. The constitutional petition was dismissed due to the availability of an alternate remedy, affirming the Family Court's decision as not purely interlocutory. |
| Summary |
In this case, the Lahore High Court dealt with a petition challenging the dismissal of a temporary injunction application by the Family Court, which was crucial for the preservation of property rights during the legal proceedings. The petitioner argued that the Family Court's dismissal of the application denied her essential relief related to her claims for dower and maintenance following a divorce. The court analyzed the jurisdictional aspects of the Family Court concerning temporary injunctions under the Family Courts Act, emphasizing that the dismissal of such applications could lead to final determinations affecting rights. The ruling clarified that not every order from the Family Court is interlocutory and that appeals can be made against decisions that determine significant issues. This case underscores the importance of understanding the nature of orders in family law and the avenues available for appeal, particularly in matters involving property rights and family law disputes. The case resonates with ongoing discussions in legal circles about jurisdiction, procedural fairness, and the rights of parties in family law cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUZAMIL AKHTAR SHABIR,
NARGIS NAUREEN
|
| Lawyers |
Hafiz Muhammad Naveed Akhtar
|
| Petitioners |
MUZAMIL AKHTAR SHABIR
|
| Respondents |
JUDGE FAMILY COURT, MULTAN,
Hafiz Muhammad Naveed Akhtar
|
| Citations |
2018 SLD 1879,
2018 PLD 735
|
| Other Citations |
Muhammad Zafar Khan v. Mst. Shehnaz Bibi and 2 others 1996 CLC 94,
Imtiaz Ahmad Khan v. Mst. Aqsa Manzoor and others PLD 2013 Lah. 241,
Rao Muhammad Owais Qarani v. Mst. Tauheed Aisha and others 1991 MLD 1097,
Mst. Naureen v. Ehsan Sabir, Family Judge, Faisalabad and 2 others 2010 CLR 110
|
| Laws Involved |
Family Courts Act, 1964,
Civil Procedure Code (V of 1908)
|
| Sections |
5,
14,
17,
21-A,
1,
2
|