| Case ID |
2d11a450-910e-4fcc-bf71-1cbad181664f |
| Body |
View case body. Login to View |
| Case Number |
C.Ps. Nos.S99 and S100 of 1990 |
| Decision Date |
Dec 04, 1991 |
| Hearing Date |
Dec 04, 1991 |
| Decision |
The High Court determined that the Appellate Court's judgment was passed without lawful authority and subsequently set it aside. The Family Court was instructed to re-evaluate the cases, taking into account the evidence already presented and any additional evidence that may be permitted. This decision was a significant step in ensuring that the rights of the parties, particularly the petitioner, were upheld and that the case was heard fairly and justly based on the merits of the evidence. |
| Summary |
In the case of Mst. Asmat vs. Syed Hasan Mehtab Jafri, the Sindh High Court addressed the issue of prompt dower recovery and restitution of conjugal rights. Mst. Asmat, the petitioner, filed for the recovery of prompt dower amounting to Rs. 75,000, while her husband, Syed Hasan Mehtab Jafri, sought restitution of conjugal rights. The initial ruling favored Mst. Asmat, but the Appellate Court overturned this decision. The High Court's ruling emphasized the need for a fair trial and proper evaluation of evidence, ultimately remanding the case back to the Family Court for reevaluation. This case highlights the importance of legal representation and the role of the judiciary in safeguarding family law rights under the Constitution of Pakistan and the Family Courts Act. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
IMAM ALI G. KAZI, J
|
| Lawyers |
Mr. Abdul Majid,
Mr. Sabihuddin Ahmed
|
| Petitioners |
Mst. ASMAT
|
| Respondents |
others,
Syed HASAN MEHTAB JAFRI
|
| Citations |
1993 SLD 484,
1993 CLC 351
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Family Courts Act, 1964
|
| Sections |
199,
5,
Sched
|