1994 PLP 605 (MLD)
Qari MUHAMMAD ASLAM — Petitioner Versus Mst. SI-IAGUF17A NAZ and another — Respondents
| Citation | 1994 PLP 605 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Ch. Mushtaq Ahmad Khan, J |
| Parties | Qari MUHAMMAD ASLAM — Petitioner Versus Mst. SI-IAGUF17A NAZ and another — Respondents |
| Primary Law | West Pakistan Family Courts Act (XXXV of 1964)-- |
Q1: What are the key laws and sections cited in 1994 PLP 605 (MLD)?
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 1994 PLP 605 (MLD)?
The case was heard and decided by the Lahore bench comprising: Ch. Mushtaq Ahmad Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 605 (MLD) (Qari MUHAMMAD ASLAM — Petitioner Versus Mst. SI-IAGUF17A NAZ and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rafiq Javed Butt for Petitioner.
- Harz Muhammad Sadiq for Respondent No.1.
- Date of hearing: 11th November, 1992.
Headnotes / Summary
S.5 & Sched: =-Dissolution of marriage on ground of Khula'
Husband had contended that dissolution of marriage having been sought by wife on ground of Khula` decree of Khula` could only be granted on relinquishment of claim of dower on part of wife
Wife made statement in Court that she had relinquished her rights to claim dower and would have no objection if it would be held that she was not entitled to claim dower amount which was not paid to her
Court ordered accordingly.
Judgment & Decree
Facts of the case out of which this Constitutional petition has arisen are that Mst. Shugufta Naz respondent No.1 filed a suit for the dissolution of marriage against Qari Muhammad Adam, the petitioner in this writ petition, which has been decreed by the learned Judge Family Court, Lahore, respondent No.2 vide judgment and decree, dated 21-9-1991, suit for the restitution of conjugal rights filed by the petitioners has been dismissed vide the same judgment.
2. Mr. Rafiq Javed Butt Advocate, learned counsel for the petitioner has appeared alongwith Qari Muhammad Aslam petitioner and has argued that the only grievance of the petitioner is that the decree for dissolution of marriage has been granted unconditionally although she had offered to relinquish the dower amount which admittedly was Rs.10,
000. Learned counsel contends that the dissolution of marriage on the ground of Khula` can be granted only on relinquishment of the claim for dower. Qari Muhammad Aslam petitioner who is present in Court admits that the dower amount has not been paid to respondent No.1 so far. Harz Muhammad Sadiq, Advocate has appeared on behalf of respondent No.1 and has made a statement that the respondent No.1 relinquished her rights to claim dower and therefore he will have no objection if it is held that the respondent No.1 shall not. be entitled to claim dower amounting to Rs.10,
000. In view of the above, this writ petition is disposed of with the observation that the decree of dissolution of marriage on the ground of Khula` passed by the learned Judge Family Court shall remain intact. However respondent No.1 shall not claim the amount of dower Rs.10,000 inasmuch as she has relinquished the demand of this amount in lieu of claim of a decree for the dissolution of marriage on the ground of Khula`. This writ petition is consequently stands dismissed with the above observations, with no order as to costs. H.B.T./M-707/L Petition dismissed.