| Case ID |
31b2bfb7-db77-4360-8a1f-97e1f57565a9 |
| Body |
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| Case Number |
Writ Petition No. 2034 of 2009 |
| Decision Date |
Jun 24, 2001 |
| Hearing Date |
|
| Decision |
The High Court set aside the impugned order passed by the learned Additional District Judge, declaring it illegal and remanding the case to the Appellate Court to decide the wife's appeal on merits. The Court emphasized that the nature of the suits should be recognized correctly, determining that the wife's appeal should be treated as a family appeal, exempt from civil court fees. The decision clarified the jurisdiction of family courts, reinforcing that matters regarding dower are exclusively triable within the family court framework. |
| Summary |
In the case of Samina Akhtar vs. Irfan Farooq, the Lahore High Court addressed a constitutional petition concerning the consolidation of two suits involving dower recovery and a declaration of its non-binding nature. The court emphasized the exclusive jurisdiction of family courts over matters related to dower under the Family Courts Act, 1964. The case highlighted the importance of recognizing the nature of legal suits appropriately, particularly when family and civil laws intersect. The court ruled that the wife's appeal against the dismissal of her suit for recovery of dower should not require additional court fees and should be treated as a family appeal. This decision reinforces the understanding of dower-related disputes and the procedural requirements for appeals in family court matters, ensuring that legal representation and court processes are conducted fairly and according to established family law protocols. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ASAD MUNIR, J
|
| Lawyers |
Ch. Riaz Ahmad
|
| Petitioners |
SAMINA AKHTAR
|
| Respondents |
2 others,
IRFAN FAROOQ
|
| Citations |
2011 SLD 418,
2011 PLD 593
|
| Other Citations |
1984 CLC 2607,
1993 MLD 1023,
2001 YLR 2773,
1985 CLC 2609,
PLD 1974 Lah. 78,
PLD 1974 Lah. 104,
PLD 1975 Lah. 318
|
| Laws Involved |
Family Courts Act, 1964,
Court Fees Act, 1870,
Constitution of Pakistan, 1973
|
| Sections |
5,
Sched,
14,
19,
7(iv)(c),
199
|