| Case ID |
fff1a8ee-e481-4f5f-865d-936cb49dc274 |
| Body |
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| Case Number |
Civil Petitions Nos. 1091 of 1985 and 301 of 1988 |
| Decision Date |
Jun 05, 1988 |
| Hearing Date |
Jun 05, 1988 |
| Decision |
The Supreme Court dismissed the constitutional petitions filed by the petitioners, Muhammad Najib and Muhammad Anwar, regarding maintenance claims by their divorced wives. The court held that a divorced wife is entitled to claim maintenance for the period of marriage and the Iddat period. The arguments presented by the petitioners were found to lack merit, and the court reaffirmed the applicability of Section 9 of the Muslim Family Laws Ordinance, which affirms the rights of a divorced wife to seek maintenance. The court also noted that the petitioners had previously failed to raise certain arguments in the trial court, leading to the dismissal of their petitions. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed critical issues of maintenance claims by divorced wives under the Muslim Family Laws Ordinance and the Constitution of Pakistan. The case involved two separate petitions concerning maintenance obligations of the husbands towards their ex-wives and minor children. The court underscored the legal rights of divorced women to claim maintenance for the duration of their marriage and during the Iddat period following divorce. The judgment emphasized that the term 'wife' in legal terms includes divorced women when seeking maintenance for the duration of the marriage, thus reinforcing women's rights in family law. The decision is significant for its interpretation of family law and constitutional rights, ensuring that divorced women are not deprived of their rightful claims to maintenance. This case sets a precedent for future rulings on similar issues, highlighting the importance of legal protections for women in family matters. Keywords: maintenance, divorced wife, family law, constitutional rights, Supreme Court of Pakistan, Muslim Family Laws Ordinance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SAAD SAOOD JAN
|
| Lawyers |
Muhammad Rafiq Khan, Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record,
S. Inayat Hussain, Advocate-on-Record
|
| Petitioners |
MUHAMMAD ANWAR,
MUHAMMAD NAJEEB
|
| Respondents |
ABDUS SATTAR,
Mst. TALAT SHAHNAZ
|
| Citations |
1989 SLD 414,
1989 SCMR 119,
1989 SLD 970
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Muslim Family Laws Ordinance (VIII of 1961)
|
| Sections |
185(3),
9
|