| Case ID |
517bfa0f-4472-423b-995b-38c6ec14e21f |
| Body |
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| Case Number |
Regular Second Appeal No. 1911 of 1256 |
| Decision Date |
Nov 20, 1957 |
| Hearing Date |
May 09, 1957 |
| Decision |
The appeal was dismissed with costs, maintaining the decree of dissolution of marriage on the grounds that the defendant, Abdul Aziz, brought an unfounded charge of adultery against his wife, Mst. Bashiran Bibi. The court found that the husband’s retraction of the charge was ineffective and that the allegations were made to exert pressure on the plaintiff and her family. The court concluded that even without habitual cruelty being established, the circumstances warranted the dissolution of marriage, as the husband had behaved inappropriately by falsely accusing his wife, which constituted sufficient grounds for the court's decision. |
| Summary |
This case revolves around a dissolution of marriage under Muhammadan Law, highlighting the complexities of marital relationships and legal obligations. The Lahore High Court addressed significant issues such as cruelty, maintenance, and the implications of false charges of adultery. The case underscores the importance of sincerity in legal retractions and the responsibilities of spouses in marriage. It serves as a critical reference for similar cases involving marital disputes, emphasizing the need for a fair and just legal process in matters of family law. Keywords: divorce, cruelty, Muhammadan Law, adultery, dissolution of marriage, Lahore High Court, legal retraction, family law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
B. Z. Kaikaus, J
|
| Lawyers |
Badi-uz-Zaman,
Muhammad Amin Khan
|
| Petitioners |
ABDUL AZIZ
|
| Respondents |
Mst. BASHIRAN BIBI
|
| Citations |
1958 SLD 143,
1958 PLD 59
|
| Other Citations |
Ghulam Bhik v. Mst. Hussain Begum P L D 1957 Lah. 998
|
| Laws Involved |
Muhammadan Law
|
| Sections |
Not available
|