| Case ID |
396356c3-099c-4a82-b7d4-c5ad7abffe17 |
| Body |
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| Case Number |
W.P. No. 213 of 2017 |
| Decision Date |
Sep 24, 2018 |
| Hearing Date |
|
| Decision |
The Lahore High Court partly allowed the constitutional petition, remanding the case back to the trial court for a fresh decision regarding the issue of dower as per the Nikahnama. The court found that the trial court dismissed the suit based on piecemeal consideration of the wife's admission regarding the dower's receipt, without adequately addressing the context and mode of the payment. The court emphasized that admissions must be considered in their entirety. The trial court failed to determine how the dower was paid, given the conflicting claims from both parties. The case highlights the necessity for clear evidence and proper judicial reasoning in family law matters. |
| Summary |
In the case of W.P. No. 213 of 2017, the Lahore High Court addressed a dispute arising from a family court's dismissal of a suit for the recovery of a house claimed as dower. The petitioner, Shazia Parveen, argued that an agreement regarding the house's transfer as dower existed, while the respondent contended that the dower had already been paid in cash. The court found that the family court's reliance on the wife's admission was flawed, as it did not clarify the admission's context or the payment method. The High Court emphasized that admissions must be taken as a whole, leading to a remand for reevaluation. This case underscores the importance of thorough judicial analysis in family law cases, particularly regarding admissions and evidence. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUZAMIL AKHTAR SHABIR
|
| Lawyers |
Mian Mansoor Ahmad Sheikh,
Jam Abdul Majeed Mustafai,
Pir Ahmad Masood Chishti
|
| Petitioners |
SHAZIA PARVEEN
|
| Respondents |
ADDITIONAL DISTRICT JUDGE AND OTHERS
|
| Citations |
2019 SLD 2429,
2019 CLC 1475
|
| Other Citations |
Not available
|
| Laws Involved |
Family Courts Act, 1964,
Civil Procedure Code (V of 1908)
|
| Sections |
5,
Schedule,
O.XII,R.6
|