| Case ID |
3993d527-05fc-4431-a713-f896a87ae776 |
| Body |
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| Case Number |
Writ Petition No.8590 of 2001 |
| Decision Date |
Apr 30, 2002 |
| Hearing Date |
Apr 24, 2002 |
| Decision |
The Lahore High Court dismissed Writ Petition No.8590 of 2001, effectively upholding the decisions of the lower courts. The court determined that the Family Court had correctly exercised its jurisdiction under Article 199 of the Constitution of Pakistan (1973) and the West Pakistan Family Courts Act (XXXV of 1964). The petitioner, Mst. Rukhsana Kausar, challenged the legality of the consideration for Khula', specifically the demand for 7 Tolas of gold ornaments, arguing that she had not received this in her dower. However, the High Court found no misreading or oversight in the lower courts' evaluation of evidence, including the Nikahnama and witness testimonies. The court emphasized that the High Court, while exercising its Constitutional jurisdiction, cannot act as a court of appeal to reappraise factual determinations made by lower courts. Consequently, the petitioner's appeal was dismissed as the Family Court was deemed to have appropriately determined the terms and conditions for Khula' without any illegality. The decision reinforces the boundaries of judicial review in family law cases and affirms the authority of Family Courts in adjudicating matters related to marriage dissolution and Khula'. |
| Summary |
In the pivotal case of Mst. Rukhsana Kausar versus Muhammad Ali and others, the Lahore High Court adjudicated significant issues under the Constitution of Pakistan (1973) and the West Pakistan Family Courts Act (XXXV of 1964). The petitioner sought dissolution of marriage on the grounds of Khula', contesting the Family Court's determination that she was to receive 7 Tolas of gold ornaments as part of her dower. The High Court meticulously reviewed the legal framework, emphasizing that under Article 199, the High Court’s Constitutional jurisdiction does not extend to reappraising evidence or acting as a court of appeal for factual determinations made by lower courts. The petitioner’s inability to substantiate claims of misread or overlooked evidence led to the dismissal of her appeal. Key evidentiary documents, including the Nikahnama and witness testimonies from D. W.2 Muhammad Rasheed and D. W.3 Fateh Muhammad, were scrutinized, affirming the Family Court's decision. The involvement of prominent legal advocates, Mehr Muhammad Altaf Hussain for the petitioner and Aslam Tahirul Qadiri for the respondents, underscored the case's complexity. The High Court’s ruling reinforces the authority of Family Courts in Pakistan to determine and enforce conditions for Khula', ensuring that legal procedures are upheld without overstepping judicial boundaries. This case highlights the interplay between constitutional provisions and family law, setting a precedent for future cases involving marital dissolution and the scope of appellate review. By upholding the lower courts' findings, the Lahore High Court has provided clear guidelines on the limits of its jurisdiction, ensuring that Family Courts remain the primary adjudicators in matters of family and marital disputes. This decision is a testament to the judiciary's commitment to maintaining legal order and protecting the rights of individuals within the framework of Pakistani law, thereby contributing to the evolving landscape of family jurisprudence in the country. |
| Court |
Lahore High Court
|
| Entities Involved |
Family Court, Sahiwal,
Nikahnama
|
| Judges |
FARRUKH LATEEF, J
|
| Lawyers |
Mehr Muhammad Altaf Hussain,
Aslam Tahirul Qadiri
|
| Petitioners |
Mst. RUKHSANA KAUSAR
|
| Respondents |
MUHAMMAD ALI and others
|
| Citations |
2002 SLD 1985,
2002 CLC 1513
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Family Courts Act (XXXV of 1964)
|
| Sections |
Art. 199,
S. 5,
Sched.
|