2003 PLP 976 (MLD)
MUHAMMAD ASLAM — Petitioner Versus DISTRICT JUDGE, BAHAWALPUR and others — Respondents
| Citation | 2003 PLP 976 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD ASLAM — Petitioner Versus DISTRICT JUDGE, BAHAWALPUR and others — Respondents |
Q1: What are the key laws and sections cited in 2003 PLP 976 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 976 (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: 2003 PLP 976 (MLD) (MUHAMMAD ASLAM — Petitioner Versus DISTRICT JUDGE, BAHAWALPUR and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Shamsher Iqbal Chughtai for Petitioner.
- Malik Muhammad Nawaz Nizami for Respondent No.3.
Headnotes / Summary
S.5 & Sched.
Constitution of Pakistan (1973), Art. 199-- Constitutional petition
Suit for dissolution of marriage on ground of Khula'
Family Court decreed the suit subject to return of house by wife
Appellate Court waived such condition
Contention of husband was that house purchased by him during subsistence of marriage was only benami in wife's name
Benefits derived by wife on account of marriage were to be returned as consideration of Khula'-- House could not be returned as consideration of Khula', unless and until same was proved to be a benami transaction
Husband had already filed civil suit in respect of the house, and if he was proved to be true and actual owner of house and wife as benamidar, then law would take its own course
Appellate Court had rightly waived the condition
High Court dismissed Constitutional petition.
Judgment & Decree
Writ Petition No.5200 of 2000/BWP, decided on 2nd September,2002.
S.5 & Sched.
Constitution of Pakistan (1973), Art. 199-- Constitutional petition
Suit for dissolution of marriage on ground of Khula'
Family Court decreed the suit subject to return of house by wife
Appellate Court waived such condition
Contention of husband was that house purchased by him during subsistence of marriage was only benami in wife's name
Benefits derived by wife on account of marriage were to be returned as consideration of Khula'-- House could not be returned as consideration of Khula', unless and until same was proved to be a benami transaction
Husband had already filed civil suit in respect of the house, and if he was proved to be true and actual owner of house and wife as benamidar, then law would take its own course
Appellate Court had rightly waived the condition
High Court dismissed Constitutional petition. Shamsher Iqbal Chughtai for Petitioner. Malik Muhammad Nawaz Nizami for Respondent No.3. Learned counsel for the petitioner contends that the respondent had filed a suit for dissolution of her marriage on account of Khula, which was granted by the learned Judge, Family Court, subject to the condition that the house in the name of the respondent shall be returned to him as a consideration for Khula. Aggrieved thereby, the respondent preferred an appeal which has been accepted and the condition has been waived.
2. It is the case of the petitioner that the house in question was purchased with the money belonging to the petitioner during the subsistence of marriage and is the property owned by the petitioner and was only Benami in the name of the respondent. I have been apprised by the learned counsel for the respondent that already a civil suit in this, respect filed by petitioner is pending between the parties. Let the petitioner pursue that civil suit because according to law at the time of the grant of Khula', the benefits which a wife has derived on account of a marriage are to be returned as consideration of Khula'. But if it is a Benami transaction and unless and until it is so proved, the house could not be returned as consideration for Khula'. The petitioner has already availed his remedy before the Civil Court and if he is proved to be true and actual owner of the property and the respondent a as Benamidar, the law shall take its own course. The learned Court of appeal has rightly waived the condition, calling for no interference by this Court in the exercise of its Constitutional jurisdiction. Dismissed. S.A.K./M-1781/L Writ petition dismissed.