| Case ID |
2d06b7ab-7d4e-40ca-979e-3ce8adec2a0c |
| Body |
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| Case Number |
Writ Petition No.323 of 2011 |
| Decision Date |
Feb 10, 2011 |
| Hearing Date |
Feb 10, 2011 |
| Decision |
The Peshawar High Court dismissed the writ petition filed by Hafiz Amjad Ali, affirming the decisions of the lower courts regarding the rights of the wife to claim dower and maintenance. The court found that the obligations of the husband to provide dower and maintenance were well established under Islamic law. The petitioner’s claims were dismissed as the courts below had properly exercised their discretion, and the evidence presented by the respondent was found to be credible and sufficient. The court held that the wife’s right to seek maintenance was justified, especially in light of the husband's refusal to pay the dower. The ruling emphasized the importance of adhering to Islamic principles in marital obligations and the legal frameworks governing them. |
| Summary |
This case revolves around the rights of a wife to demand dower and maintenance under Islamic law, as outlined in the Muhammadan Law and Family Courts Act, 1964. The petitioner, Hafiz Amjad Ali, sought to overturn the lower court's decision that ruled in favor of his wife, Mst. Nasreen, regarding her claims for dower and maintenance. The court found that the refusal or delay in payment of dower entitled the wife to seek maintenance, a principle firmly rooted in Islamic jurisprudence. The case highlights the significance of adhering to the obligations of marriage as prescribed in the Holy Qur'an, emphasizing the husband's duty to provide for his wife. The ruling serves as a critical reference for similar cases involving marital rights, dower, and maintenance, affirming the legal protection afforded to women in Islamic law. Keywords: Islamic law, dower, maintenance, marital rights, Muhammadan Law, Family Courts Act. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
DOST MUHAMMAD KHAN,
YAHYA AFRIDI
|
| Lawyers |
Haji Sardar Ali,
Nemo
|
| Petitioners |
Hafiz AMJED ALI
|
| Respondents |
4 others,
Mst. NASREEN
|
| Citations |
2011 SLD 682,
2011 CLC 944
|
| Other Citations |
Farah Naz v. Judge Family Court PLD 2006 SC 457,
Muhammad Asad v. Humera Naz 2000 CLC 725,
Rahilan v. Sanaullah PLD 1959 Lah. 470,
Nooruddin Ahmad v. Masooda Khanam PLD 1957 Dhaka 242,
Mst. Muhannadi v. Jamaluddin PLD 1960 (W.P.) Kar. 663,
Ishtiaq Mehmood v. Zarin Gul 2002 CLC 1838
|
| Laws Involved |
Muhammadan Law,
Family Courts Act, 1964
|
| Sections |
284,
17
|