| Case ID |
dee4a659-e11e-41b0-b20e-2474114fcd17 |
| Body |
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| Case Number |
Criminal Appeal No. 98 of 1962 |
| Decision Date |
Nov 29, 1962 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan in this case ruled on several complex issues regarding marriage, divorce, and the validity of legal documents in the context of Islamic law and Pakistani law. The court determined that the marriage between the complainant and the respondent was valid under the laws applicable, and that the alleged divorce document was not recognized due to procedural failures. The court emphasized the importance of adhering to the Muslim Family Laws Ordinance, particularly the requirement for notice of divorce to the appropriate authorities. The decision underscored the necessity for legal compliance in matters of family law, especially regarding the rights of women in divorce situations. |
| Summary |
This case revolves around the legal complexities of marriage and divorce within the context of Islamic law and Pakistani law. It highlights the issues of validity regarding marriage contracts, the necessity of proper procedures in divorce, and the roles of various legal principles as they apply to the unique circumstances of the parties involved. The case also discusses the implications of the Muslim Family Laws Ordinance, which aims to regulate and provide guidelines on marital disputes and divorce proceedings. The ruling serves as a significant reference point for future cases involving similar legal questions, especially in the realm of family law where the intersection of cultural practices and legal standards often leads to disputes. The court's decision reiterates the importance of following established legal protocols to ensure fairness and justice in marital relations, particularly for women who may be at a disadvantage in divorce proceedings. Keywords such as 'Islamic law', 'divorce validity', 'family law', 'Pakistan law', and 'marriage rights' are integral to understanding the legal landscape framed by this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. Cornelius, C.J.,
S. A. Rahman,
Fazle-Akbar,
B. Z. Kaikaus,
Hamoodur Rahman, JJ
|
| Lawyers |
Ijaz Hussain Batalvi Advocate Supreme Court,
M. A. Rahman Attorney for Appellant,
Mahmud Ali Senior Advocate Supreme Court,
S. M. Zafar Advocate Supreme Court,
Altaf Sikandar Advocate Supreme Court,
Fazal Hussain Advocate High Court of West Pakistan,
Siddiq & Co. Attorneys for Respondent,
Tufail Ali A. Rahman Attorney General for Pakistan,
Fakhar-ud-Din G. Ebrahimi Advocate Supreme Court,
Iftikhar-ud-Din Ahmad Attorney,
Khalid M. Ishaq Additional Advocate General West Pakistan,
Ihsanul Haq Advocate Supreme Court,
Said Akbar Advocate Supreme Court,
Ijaz Ali Attorney
|
| Petitioners |
Syed Ali Nawaz Gardezi
|
| Respondents |
Lt. Col. Muhammad Yusuf
|
| Citations |
1963 SLD 489,
1963 PLD 51
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code (XLV of 1860),
Evidence Act (I of 1872),
Muslim Family Laws Ordinance (VIII of 1961)
|
| Sections |
497,
498,
45,
73,
126,
1(2),
3,
5,
7
|