| Case ID |
2b0a92b4-16fc-4aa1-8a70-5309a65b8abb |
| Body |
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| Case Number |
Writ Petition No. 175072 of 2018 |
| Decision Date |
Oct 31, 2019 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the constitutional petition, setting aside the appellate court's decision regarding the dissolution of marriage, citing that the respondent failed to provide sufficient evidence of adultery as a ground for divorce. However, the court upheld the decision concerning the recovery of dowry articles, affirming the lower court's ruling. The ruling emphasized the necessity of reliable evidence in divorce proceedings under the Divorce Act, 1869, and clarified that the concept of Khula is not applicable to Christian marriages in Pakistan. |
| Summary |
In the case of PERVAIZ AFZAL vs. MEHWISH AND 2 OTHERS, the Lahore High Court reviewed a writ petition concerning a divorce under the Divorce Act, 1869. The core issue revolved around the allegations of adultery made by the respondent, which were contested by the petitioner. The court underscored the importance of credible evidence in divorce cases, particularly for Christian marriages in Pakistan, where the grounds for divorce are strictly defined. The ruling highlighted that without substantial evidence to support claims of adultery, the court could not grant a decree for dissolution of marriage. This case sets a precedent for future divorce proceedings, emphasizing the need for robust evidence and adherence to legal provisions. The court's decision also reaffirmed the rights of parties in divorce matters while clarifying the limitations imposed by the Divorce Act. This case is crucial for understanding the judicial interpretation of divorce laws pertaining to the Christian community in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID BILAL HASSAN
|
| Lawyers |
Chaudhry Javed Bashir Cheema,
Zahid Imran No.1
|
| Petitioners |
PERVAIZ AFZAL
|
| Respondents |
MEHWISH AND 2 OTHERS
|
| Citations |
2020 SLD 371,
2020 PLD 160
|
| Other Citations |
M. Jaffar v. Additional District Judge and others 2005 MLD 1069,
Muhammad Habib v. Mst. Safia Bibi and others 2008 SCMR 1584,
Hamid Ali v. Mst. Nabila Riaz and 2 others 2012 YLR 2693,
Robin David John v. Mst. Huma Samuel and others 2015 MLD 1683,
Wahid Bakhsh and others v. Ameer Bakhsh and others 2015 CLC 1387,
Chairman, BISE, Peshawar and others v. Muhammad Jaar Ullah 2016 YLR 302,
Zahid Janan v. Mst. Kausar Begum and 2 others 2016 YLR Note 43,
Basharat Ahmed v. Mst. Shamim and 2 others PLD 2016 Lah. 271,
Ameen Masih v. Federation of Pakistan and others PLD 2017 Lah. 610,
Mst. Parveen Amanual v. Additional District Judge-III, Rahim Yar Khan and 2 others PLD 2009 Lah. 213
|
| Laws Involved |
Divorce Act, 1869,
Matrimonial Causes Act, 1973
|
| Sections |
7,
10,
18,
19,
22,
45,
7
|