| Case ID |
e2c7e81a-a98d-4756-8b11-9c4a0890090c |
| Body |
View case body. Login to View |
| Case Number |
Letters Patent Appeal No. 23 of 1953 |
| Decision Date |
Sep 19, 1957 |
| Hearing Date |
Jan 23, 1957 |
| Decision |
The court ruled on the interpretation of Li'an, a procedure in Islamic law concerning divorce due to false accusations of adultery. The judges determined that the procedure for Li'an, which traditionally required an imprecation or curse, was not a strict requirement for the dissolution of marriage when false accusations were made. The court found that an accusation of adultery, even without adhering to the formal procedure of Li'an, could be sufficient grounds for divorce, emphasizing the need for marital harmony and the intolerable nature of such accusations. The appeal was dismissed with costs, affirming the trial court's decree based on the false charge. |
| Summary |
In Lahore High Court's Letters Patent Appeal No. 23 of 1953, the case revolves around the concept of Li'an in Islamic law regarding divorce. The court examined the implications of false accusations of adultery within the context of Muslim personal law. The judges, M. R. Kayani and B. Z. Kaikaus, highlighted that although Li'an traditionally involves an oath and imprecation, the essence of marital dissolution lies in the accusation itself. They noted that forcing a spouse to endure a marriage after such a charge could be deemed intolerable, thus justifying dissolution even without formal adherence to Li'an. This decision is significant in the landscape of family law, particularly in how accusations of infidelity are treated in legal proceedings, ensuring that justice and personal dignity are upheld. Keywords: Li'an, divorce, false accusations, Islamic law, marital harmony, Lahore High Court. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
M. R. KAYANI,
B. Z. KAIKAUS
|
| Lawyers |
Mahmud Ali,
Rafiq Ahmad,
Muhammad Iqbal
|
| Petitioners |
GHULAM BHIK
|
| Respondents |
Mst. HUSSAIN BEGUM
|
| Citations |
1957 SLD 111,
1957 PLD 998
|
| Other Citations |
Mst. Rahiman Bibi v. Fazal A I R 1927 All. 56,
Zafar Husain v. Ummat-ur-Rahman I L R 41 All. 278,
Muhammad Husain v. Mst. Begam Jan A I R 1927 Lab. 155,
Mst. Fakhre Jahan Begum v. Muhammad Hamidulla Khan I L R 4 Luck. 168,
Kabil Gazi v. Madari Bibi A I R 1933 Cal. 630,
Khatijabibi Umarsaheb v. Umarsaheb Ansersaheb A I R 1928 Bom. 285
|
| Laws Involved |
General Clauses Act, 1897,
Evidence Act, 1872
|
| Sections |
6,
2
|