| Case ID |
df9db5aa-7ce4-471e-bfee-d158aac176f9 |
| Body |
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| Case Number |
Civil Revision No. 631-D of 1982 |
| Decision Date |
Nov 23, 1983 |
| Hearing Date |
Nov 23, 1983 |
| Decision |
The Lahore High Court upheld the appellate court's decision, stating that the validity of the marriage and legitimacy of the child were established based on credible evidence. The burden of proof lay with the petitioner to demonstrate the invalidity of the marriage, which was not successfully achieved. The court found that the evidence presented by the respondents was convincing and established that Mst. Ghulam Fatima was legally married to the deceased, Jagga, and that their child, Faqir Hussain, was legitimate. The court dismissed the petitioner's claim regarding the illegitimacy of the marriage and the child, emphasizing the importance of evaluating evidence meticulously in such sensitive matters. |
| Summary |
In the case of Chuhar v. Mst. Ghulam Fatima, the Lahore High Court addressed crucial issues regarding the validity of marriage and the legitimacy of a child in the context of Muslim Family Laws. The case revolved around the petitioner, Chuhar, claiming that the respondents, Mst. Ghulam Fatima and her son, were not legally recognized as heirs of the deceased, Jagga. The court analyzed evidence related to the marriage and subsequent legitimacy of the child, placing a heavy onus on the petitioner to prove any claims of invalidity. The judgment highlighted the necessity for clear and convincing evidence in family law disputes, particularly surrounding marriage validity and child legitimacy, which are significant in Islamic law. The court's decision reinforced the legal standing of Mst. Ghulam Fatima and her son, confirming their rights as heirs, while also referencing several precedential cases to support its ruling. This case illustrates the complexities involved in family law and the critical role of evidence in determining the legitimacy of relationships under Islamic jurisprudence. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUNIR KHAN, J
|
| Lawyers |
Sardar Asif Saeed Khan Khosa,
Muhammad Anwarul Haq Gilani
|
| Petitioners |
Chuhar
|
| Respondents |
Mst. GHULAM FATIMA,
Faqir Hussain
|
| Citations |
1984 SLD 362,
1984 PLD 234
|
| Other Citations |
Ghulam Shabbir Shah v. The State 1983 S C M R 942,
Noor Khan v. Haq Nawaz and others 1983 P S C 194,
Dr. Masood Khan v. Chairman, Arbitration Council, Wah and 2 others P L D 1982 Lah. 532,
Shera and another v. The State P L D 1982 F S C 229,
Abdul Mannan v. Safuran Nessa 1970 S C M R 825,
Syed Ali Nawaz Gardezi v. Lt.-Col. Muhammad Yousaf P L D 1963 S C 51,
Inamul Islam v. Mst. Hussain Bano and 4 others P L D 1976 Lah. 1466,
Muhammad Siddiq v. Mst. Mehrunissa and 6 others 1968 P Cr. L J 1701,
The State v. Mst. Tauqir Fatima and another P L D 1964 (W. P.) Kar. 306,
Mubariq Ali v. Tahir Jan and others A I R 1929 Lah. 372,
Liaqat Ali and others v Karim-un-Nissa and others I L R 15 All. 397,
Mst. Ghulam Fatima v. Abdul Qayyum and others P L D 1981; S C 460
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Muslim Family Laws Ordinance (VIII of 1961)
|
| Sections |
115,
7
|