| Case ID |
2fb9f5c8-95af-4e41-8f53-28f1b26f82f3 |
| Body |
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| Case Number |
Writ Petition No. 3246 of 1989 |
| Decision Date |
Dec 06, 1992 |
| Hearing Date |
Dec 06, 1992 |
| Decision |
The petition was dismissed as it was found that the suit for dissolution of marriage was validly instituted by Mst. Iffat Nasreen through her father, who had the authority to act on her behalf. The argument that the suit was not filed by a duly authorized person was rejected as the power of attorney granted to her father included the authority to file such suits. Furthermore, the court noted that the parties had been living separately for several years and that the respondent had remarried, making it inequitable to set aside the decree of dissolution of marriage that had been passed in her favor. The court emphasized that the technical objections raised did not merit the exercise of discretion in favor of the petitioner. |
| Summary |
This case revolves around the dissolution of marriage under the Dissolution of Muslim Marriages Act. The Lahore High Court addressed the validity of a marriage dissolution suit filed by Mst. Iffat Nasreen through her father. The court ruled in favor of the respondent, emphasizing that the power of attorney granted to her father allowed him to file the suit on her behalf. The petitioner’s argument that the suit was invalid due to lack of authorization was dismissed, as it was determined that the father was duly authorized. The court also noted that the parties had been living separately for years, and the respondent had since remarried, which further supported the decision to uphold the dissolution decree. This case highlights important aspects of marital law and the authority granted through power of attorney in family law matters. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
MALIK MUHAMMAD QAYYUM, J
|
| Lawyers |
Malik Abdul Wahid,
Malik Amjad Pervaiz,
Amjad Hussain
|
| Petitioners |
Mst. IFFAT NASREEN
|
| Respondents |
|
| Citations |
1994 SLD 1315,
1994 CLC 1032
|
| Other Citations |
Not available
|
| Laws Involved |
Dissolution of Muslim Marriages Act (VIII of 1939)
|
| Sections |
2 (ii) (viii) (d)
|