| Case ID |
3061b4b7-7375-4313-bae1-3a3295469978 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 15390 of 1997 |
| Decision Date |
Jul 25, 2002 |
| Hearing Date |
|
| Decision |
The High Court modified the maintenance allowance set by the Chairman of the Arbitration Council from Rs. 5,000 to Rs. 2,000, recognizing the glaring legal errors in the original decree. The decision emphasized that the determination of maintenance must be based on the proven income of the husband and the circumstances surrounding the divorce, which was mutual. The court reinforced the principle that a husband is obligated to maintain his wife even if she is living separately, provided that she has a lawful reason to do so, such as non-payment of dower. The decision also highlighted the distinction between Khula' and Mubaraat in the context of divorce and maintenance rights. |
| Summary |
This case revolves around the complex interplay of family law under the West Pakistan Family Courts Act and the Muslim Family Laws Ordinance. The Lahore High Court addressed significant issues regarding maintenance allowances post-divorce, particularly focusing on the responsibilities of the husband to provide financial support even after separation. The ruling clarified that the Chairman of the Arbitration Council had erred in determining maintenance without adequate proof of income. It also reinforced the legal framework governing dower and maintenance obligations, emphasizing that non-payment of dower justifies a wife's right to live separately and claim maintenance. The decision is pivotal for understanding the nuances of family law within Pakistan, especially for legal practitioners and individuals navigating similar disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MRS. FAKHARUNNISA KHOKHAR, J
|
| Lawyers |
Muhammad Akbar Cheema for Petitioner,
Ijaz Ahmad Chaudhry for Respondent No. 1,
Nemo for Respondents Nos. 2 and 3
|
| Petitioners |
Maj. (Rtd.). ISHTIAQ MAHMOOD
|
| Respondents |
others,
Mst. ZAREEN GUL
|
| Citations |
2002 SLD 2035 = 2002 CLC 1838
|
| Other Citations |
Mst. Muhammadi v. Jamil-ud-Din PLD 1960 (W.P.) Kar. 663,
Nur-ud-Din Ahmad v. Masuda Khanum PLD 1957 Dacca 242,
Mst. Sharifan Bibi v. The Chairman, Union Council Ram Thuman and 2 others PLD 1994 Lah. 20,
Dr. Akhlaq Ahmad v. Mst. Kishwar Sultana and others PLD 1983 SC 169,
Muhabbat Hussain v. Mst. Naseem Akhtar and others 1992 PSC 1034,
Mst. Khurshid Bibi v. Baboo Muhammad Amin PLD 1967 SC 97,
Parveen Akhtar v. Muhammad Afzal and another 1987 CLC 1668,
Muhammad Faryad v. Muhammad Asif PLD 1993 Lah. 469,
Brig. (Retd.) Mazharul Haq and another v. Messrs Muslim Commercial Bank Ltd., Islamabad and another PLD 1993 Lah. 706,
Muhammad Saleem v. Zeba Abdul Hameed and 2 others 1995 MLD 988,
Muhammad Ashraf v. Mst. Bushra Shaheen and others 1994 Law Notes (Lahore) 1153,
Muhammad Javed Akhtar v. Collector and others 1991 CLC 1356,
Muhammad Khalid v. Shamsa Taskeen and others 1989 ALD 389(1),
Tayyab Khan v. Nadia Khan 2000 CLC 558
|
| Laws Involved |
West Pakistan Family Courts Act,
Muslim Family Laws Ordinance,
Constitution of Pakistan
|
| Sections |
17,
9,
10,
199
|