2005 PLP 1989 (MLD)
Mst. RAFIA BIBI — Petitioner Versus S.H.O. and others — Respondents
| Citation | 2005 PLP 1989 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. RAFIA BIBI — Petitioner Versus S.H.O. and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2005 PLP 1989 (MLD)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1989 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1989 (MLD) (Mst. RAFIA BIBI — Petitioner Versus S.H.O. and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Art.199
Constitutional petition
Interference by police in peaceful enjoyment of matrimonial life of petitioners-Police refrained from causing such interference
Petitioners appeared personally in High Court who being major had contracted marriage of their own
Petitioners had admitted themselves as husband and wife
Respondent S.H.O. had no authority to interfere in the peaceful enjoyment of the marital life" of the petitioners and he was consequently restrained from doing so or causing any illegal harassment to them
Constitutional petition was allowed accordingly
However, the husband on asking of the Court willingly raised the amount of dower from a meagre amount of Rs.500 to Rs.50,000 keeping in view the present socio-economic conditions of the country and also the fundamental principle of Muslim Jurisprudence equally protecting the rights of the female.
Judgment & Decree
MUHAMMAD JEHANGIR ARSHAD, J.
When this writ petition came up for hearing on 28-1-2005 Mst. Rafia Bibi petitioner was not present, hence the same was adjourned for today with the direction that petitioner as well as her husband Ashiq Hussain enter appearance on today.
2. Today both have entered appearance. Both claim themselves as major and have entered into marriage with their free consent vide Nikahnama dated 19-1-2005. The grievance shown in the petition is that respondent No.1-S.H.O. at the instance of respondents Nos.2 to 4 is causing illegal interference in the peaceful enjoyment of their matrimonial lives whereas right of marriage has been protected under Art.35 of the Constitution of Islamic Republic of Pakistan, 1973 and they being major have committed no offence by contracting marriage of their own. Since both Mst. Rafia Bibi petitioner and her husband Ashiq Hussain are major and they have admitted themselves as wife and husband, hence in view of the law declared by Hon'ble Supreme Court of Pakistan in "Abdul Waheed v. Asma Jehangir" (PLD 2004 SC 219) respondent No.1 S.H.O. has got no authority to interfere in the peaceful enjoyment of their matrimonial lives. Respondent No.1-S.H.O. is accordingly directed to refrain from causing any illegal harassment and interference in the peaceful enjoyment of their matrimonial lives.
3. Before parting, with the order it is pointed out that in the relevant entry of Nikahnama a meagre amount of Rs.500 has been fixed as Haq ul-Mehr which by no stretch of imagination can be considered as reasonable amount keeping in view the present socio-economic condition of the country and also the Fundamental Principle of Muslim Jurisprudence equally protecting the rights of a female. In this view of the matter when I asked Ashiq Hussain whether he was willing to raise the amount of Haq-ul-Mehr from Rs.500 to Rs.50,000 he readily agreed and in token thereof has placed on record written agreement Mark `A' initialed by me which shall form part of this petition and attested copy of the same shall be sent by the office to the Secretary, Ward No.18, Union Council, Shaidani Tehsil Liaqat Pur with the direction to paste the said copy. on the back of the said Nikahnama and from today the relevant Entry No.13 of Nikahnama relating to amount of Haq-ul-Mehr in Nikahnama shall be considered as Rs.50,000 payable on demand instead of Rs.500.
4. With these observations and the above mentioned direction this petition stands disposed of. N.H.Q./R-144/L Petition accepted.