2012 PLP 641 (SCMR)
TARIQ SAEED — Petitioner Versus IFRA NAZ and others — Respondents
| Citation | 2012 PLP 641 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tassaduq Hussain Jillani and Mian Saqib Nisar, JJ |
| Parties | TARIQ SAEED — Petitioner Versus IFRA NAZ and others — Respondents |
| Primary Law | (a) West Pakistan Family Courts Act (XXXV of 1964), (b) West Pakistan Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 2012 PLP 641 (SCMR)?
This judgment primarily cites: (a) West Pakistan Family Courts Act (XXXV of 1964), (b) West Pakistan Family Courts Act (XXXV of 1964) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 641 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tassaduq Hussain Jillani and Mian Saqib Nisar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 641 (SCMR) (TARIQ SAEED — Petitioner Versus IFRA NAZ and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Aslam Zar, Advocate Supreme Court for Petitioner (in both Petitions).
- Shamim Abbas Bokhari, Advocate Supreme Court and Haji M. Rafi Siddiqui, Advocate-on-Record for Respondents (in both Petitions).
- Date of hearing: 23rd February, 2012.
Headnotes / Summary
(Against the judgment dated 14-3-2011 of the Lahore High Court, Multan Bench, Multan, passed in Writ Petitions Nos. 6759-F of 2005 and 34-F of 2006).
S. 5 & Sched.
Constitution of Pakistan, Art. 185(3)
Recovery of maintenance allowance and dowry articles
Husband (petitioner) contented that High Court decreed the suit for recovery of dowry articles without adverting to the evidence; that the High Court did not keep in view the law with regard to actionable claims in the context of the Schedule attached to the West Pakistan Family Courts Act, 1964 and that High Court while directing that the wife (respondent) was entitled to the maintenance amount, did not appreciate that as per her own statement she was no longer his (petitioner's) wife and stood divorced
Supreme Court granted leave to appeal to consider the contentions raised by the petitioner-husband.
S. 5 & Sched.
Constitution of Pakistan, Art. 185(3)
Recovery of maintenance allowance and dowry articles
Husband (petitioner) contented that High Court decreed the suit for recovery of dowry articles without adverting to the evidence; that the High Court did not keep in view the law with regard to actionable claims in the context of the Schedule attached to the West Pakistan Family Courts Act, 1964, and that High Court while directing that wife (respondent) was entitled to maintenance amount, did not appreciate that as per her own statement she was no longer his (petitioner's) wife and stood divorced
Leave to appeal was granted by Supreme Court to consider the contentions raised by the husband
Executing proceedings qua the recovery of the maintenance amount granted to wife and the recovery of dower amount were stayed by the Supreme Court subject to the husband depositing the dower amount before the Executing Court and the rent of the properties, which were subject matter of present petitions, also had to be deposited with the Executing Court.
Judgment & Decree
Inter alia contends that the judgments of the Courts below are at variance and the learned High Court without adverting to the evidence on record decreed the suit for recovery of dowry articles; that the Court also did not keep in view the law laid down by this Court with regard to actionable claims in the context of the Schedule attached with the Family Law Ordinance; that the learned Court while decreeing the suit for institution of conjugal rights and directing that respondent Mst. Ifra Naz is entitled to a maintenance amount of Rs.5,000 per month till she rejoins the petitioner husband did not appreciate that as per her own statement she was no longer wife of the petitioner and that she stood divorced.
2. Having heard learned counsel for the parties at some length, leave is granted inter alia to consider the issues raised. In the meanwhile, the executing proceedings qua the recovery of the maintenance amount granted to the respondent wife and the recovery of dower amount shall remain stayed, however, this shall be subject to petitioner's depositing the dower amount before the learned Executing Court and the rent of the properties, subject matter of these petitions, shall also be deposited with the learned Executing Court. As these are family matters, office is directed to fix the main appeals within six months. M.W.A./T-2/SC Leave granted.