2005 PLP 2799 (YLR)
MUHAMMAD IJAZ AHMAD KHAN — Petitioner Versus JUDGE FAMILY COURT and another — Respondents
| Citation | 2005 PLP 2799 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Sh. Hakim Ali, J |
| Parties | MUHAMMAD IJAZ AHMAD KHAN — Petitioner Versus JUDGE FAMILY COURT and another — Respondents |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964) |
Q1: What are the key laws and sections cited in 2005 PLP 2799 (YLR)?
This judgment primarily cites: West Pakistan Family Courts Act (XXXV of 1964) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 2799 (YLR)?
The case was heard and decided by the Lahore bench comprising: Sh. Hakim Ali, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 2799 (YLR) (MUHAMMAD IJAZ AHMAD KHAN — Petitioner Versus JUDGE FAMILY COURT and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. M. Javed Hashmi for Petitioner.
- Muhammad Afzal Khokhar for Respondents.
Headnotes / Summary
S. 5, Sched. & S.10(4) Proviso
Muslim Family Laws Ordinance (VIII of 1961), S. 8
Dissolution of marriage on basis of Khula
Family Court, on suit for dissolution of marriage, decreed suit, on basis of Khula in favour of plaintiff, but without determining and paying Zar-e-Khula to the husband/defendant
Family Court while decreeing suit had not taken into consideration proviso to S.10(4) of West Pakistan Family Courts Act, 1964 which had provided that Haq Mahr received by wife in consideration of marriage would be restored to husband
Decree for dissolution of marriage passed in favour of plaintiff was upheld and case was remanded to grant an opportunity of hearing to parties to record evidence and to determine as to how much Haq Mahr was received by plaintiff wife in consideration of marriage at the time of marriage and as to whether defendant husband was entitled to such benefits or not and to pass a decree strictly in accordance with law.
Judgment & Decree
Mst. Samia Naz, respondent No.2 had filed a suit for grant of decree for dissolution of marriage in the Court of learned Senior Civil Judge/Judge Family Court. The suit was contested and was decreed in favour of the plaintiff on the basis of Khula on 16-6-2004. Defendant namely Ijaz Ahmad had challenged this decree on the basis of provisions of section 10(4) of West Pakistan Family Courts Act, 1964 by stating that according to that provision learned Judge Family Court was bound to grant Zar-e-Khula in case a decree was being passed in favour of the plaintiff. Learned counsel appearing on behalf of respondent has not been able to controvert this legal position.
2. After considering the arguments of both the learned counsel for the parties and perusal of the record, I have found that the decree dated 16-6-2004 was passed on the basis of Khula in favour of the plaintiff but the learned Judge Family Court did not take into consideration the newly-added proviso the section 10(4) of West Pakistan Family Courts Act, 1964 which reads as under: "Provided that notwithstanding any decision or judgment of any Court or Tribunal, the Family Court in a suit for dissolution of marriage, if reconciliation fails, shall pass decree for dissolution of marriage forthwith and shall also restore to the husband the Haq Mehr, received by the wife in consideration of marriage at the time of marriage."
3. The decree for dissolution of marriage having been passed in favour of Mst. Samia Naz is upheld and is not being disturbed but the case is remanded to the learned Judge Family Court concerned, to grant an opportunity of hearing to the parties, record the evidence and to determine as to how much Haq Mahr was received by wife in consideration of marriage at the time of marriage and as to whether the petitioner! defendant was entitled to such benefits or not and to pass a decree strictly in accordance with law. The writ petition to that extent is accepted, with no order as to costs. H.B.T./M-1177/L Order accordingly.