| Case ID |
3d2e96e7-eb54-45f2-a0c4-edb672ddbced |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.337 of 2012 |
| Decision Date |
Apr 01, 2014 |
| Hearing Date |
|
| Decision |
The Lahore High Court set aside the decree of returning the dower amount and remanded the case to the trial court. The Family Court was instructed to treat the decree for dissolution of marriage as a preliminary decree, frame appropriate issues regarding the dower amount, and make a decision after recording evidence. The Court emphasized that the Family Court must address the divergent pleadings and ensure that evidence is recorded, particularly regarding the claims of dower payment, as the existing judgment failed to adequately consider the parties' assertions. |
| Summary |
This case revolves around a petition filed against an appellate order concerning the dissolution of marriage based on khula. The Lahore High Court examined the application of the West Pakistan Family Courts Act, specifically addressing the procedural requirements for establishing the payment of dower. The Court found that the Family Court had erred in its decision-making process by not adequately addressing the conflicting claims regarding the dower amount, leading to a remand for further proceedings. The decision highlights the importance of thorough evidence gathering in family law cases and the necessity for the Family Court to consider both documentary and oral evidence. Key trending keywords include 'dissolution of marriage', 'family court', 'dower amount', and 'legal proceedings'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID JAMIL KHAN, J,
FARRAH BASHIR
|
| Lawyers |
Sardar Muhammad Hafeez Khan,
Sardar Aftab Ahmad
|
| Petitioners |
JAMIL KHAN
|
| Respondents |
others,
MUHAMMAD UMAR TAHIR
|
| Citations |
2014 SLD 1839 = 2014 CLC 1605
|
| Other Citations |
Wahid-ul-Islam v. Shaheen Akhtar and 2 others 2011 CLC 566,
Abdul Sattar v. Mst. Kalsoom PLD 2006 Kar. 272,
Aurangzeb v. Mst. Gulnaz and another PLD 2006 Kar. 563,
Syed Muhammad v. Mst. Zeenat and others PLD 2001 SC 128,
Ahmad Yar v. Additional District Judge, Chiniot, District Jhang and others 2007 SCMR 1768
|
| Laws Involved |
West Pakistan Family Courts Act, 1964
|
| Sections |
10(4),
17
|