| Case ID |
d5f9fac8-befa-4cbd-b4cd-8bc27ed65be4 |
| Body |
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| Case Number |
Writ Petition No. 5510 of 2012/BWP |
| Decision Date |
Oct 23, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the constitutional petition filed by Mst. Nadia Bibi, setting aside the decision of the Additional District Judge that had erroneously granted the husband the return of benefits in lieu of Khula. The court held that the dissolution of marriage was granted unconditionally, and thus, no decree for the return of benefits could be executed against the wife. The court emphasized that the execution of decrees under the Family Courts Act only applies to orders in favor of a party, and since there was no such order in favor of the husband, his petition was rightly dismissed. The court also criticized the revisional court for its lack of proper legal acumen and attention to detail in handling the appeal. |
| Summary |
This case revolves around the application of the Family Courts Act, 1964, and the constitutional provisions regarding marriage dissolution under Khula. The Lahore High Court addressed the validity of a revision petition that sought the return of benefits following a decree of dissolution of marriage granted unconditionally in favor of the wife. The court reiterated that under the Family Courts Act, execution lies only against orders or decrees that favor a party, and since the husband had no decree entitling him to benefits, his petition was dismissed. The ruling highlights the importance of clear legal standards in family law and addresses common misconceptions about Khula. The court's decision serves as a precedent for future cases involving marital dissolution and the execution of family court orders. Keywords: Family Courts Act, dissolution of marriage, Khula, Lahore High Court, constitutional petition, legal standards, family law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHUJAAT ALI KHAN, J
|
| Lawyers |
Mikan Izhar Ahmad Joyia for Petitioner,
|
| Petitioners |
Mst. NADIA BIBI
|
| Respondents |
Nemo,
ADDITIONAL DISTRICT JUDGE
|
| Citations |
2013 SLD 2203,
2013 PLD 41
|
| Other Citations |
Not available
|
| Laws Involved |
Family Courts Act, 1964,
Constitution of Pakistan, 1973
|
| Sections |
13,
5,
Sched,
199
|