| Case ID |
e1dc9fec-d0f2-423c-8925-c884bf6ae8f7 |
| Body |
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| Case Number |
Civil Petition No. 673-L of 2003 |
| Decision Date |
May 13, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition and refused leave to appeal, affirming the decision of the lower courts. The petitioner's application to set aside the ex parte decree for recovery of Rs.80,000.00 as dower was dismissed due to insufficient justification for his absence. The Court noted that no formal order for the consolidation of the two suits existed, and the dates of the hearings were different. The reliance on a Nikahnama that lacked the plaintiff's signature further weakened the petitioner's position. The judgment was upheld as it did not suffer from any illegality. |
| Summary |
This case revolves around a dispute regarding the recovery of dower amount following an ex parte decree issued by a Family Court. The petitioner, Muhammad Iqbal, sought to set aside the decree on the grounds of misunderstanding regarding the status of two pending suits. The Supreme Court of Pakistan evaluated the arguments presented, including the lack of a formal consolidation order for the suits, the differing hearing dates, and the authenticity of the Nikahnama presented by the petitioner. Ultimately, the Court upheld the lower court's decisions, emphasizing the necessity of procedural propriety and the importance of documented evidence in family law cases. This case underscores the challenges faced in family law litigation and highlights the significance of proper legal representation and due process in judicial proceedings. The decision serves as a precedent in cases involving dower recovery and ex parte decrees, shedding light on the critical aspects of family law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Muhammad Hanif Niazi,
Malik Rehmat Khan Awan
|
| Petitioners |
MUHAMMAD IQBAL
|
| Respondents |
others,
ADDITIONAL DISTRICT JUDGE, BAHAWALPUR
|
| Citations |
2004 SLD 1241,
2004 SCMR 1574
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Family Courts Act (XXXV of 1964),
Constitution of Pakistan (1973)
|
| Sections |
5,
9,
185(3)
|