Wasim Law Services

Facebook Twitter Youtube
Menu
Download Profile

Wasim Law Services

Case Laws

Family case Laws
Criminal Case Law
1

2022 SCMR 2123

The Supreme Court of Pakistan in (2022 SCMR 2123) went onto observe that even second marriage of the mother is not a determinative factor in this regard rather the welfare of minor is paramount consideration in determining the right of custody.

2

2020 YLR 282

Financial Status of parents of bride was determining factor to adjudicate quantum of dowry articles

4

PLD 2019 LAHORE 160

It is not necessary that wife can states reasoning in Khula case. her statement that she cannot live with husband is sufficient for grant Khula

5

2022 MLD 731

—If Maintenance allowance was fixed without considering the financial status of person who had been burdened with such future financial liability, he could file application for re-fixation of Maintenance allowance.

6

2016 CLC 180 LHC

—Oral Talaq, given thrice, had become irrevocable and effective the moment same had been pronounced—High Court observed that oral Talaq would become effective and binding…

7

2008 SCMR 186

Nikahnama prevailed that if wife obtain Khula she would have to pay an amount of Rs. 250,000/- to the husband and if husband divorce wife, he would pay an amount of Rs. 250,000/- to her, suit filed by wife for dissolution of marriage,

8

2016 CLC 313

Nikahnama prevailed that if wife obtain Khula she would have to pay an amount of Rs. 250,000/- to the husband and if husband divorce wife, he would pay an amount of Rs. 250,000/- to her, suit filed by wife for dissolution of marriage, condition declared against the basic principle of law

9

2018 CLC N 47

A father is obliged to provide his child with expenses and maintenance. His excuse that he does not have sources of income will not be heard.

10

2013 SCMR 1049

Wife was entitled to recovery of 17 tolas of gold ornaments or in the alternative its current market value.

11

2020 SCMR 269

—-Ss. 5 & 7—Property owned by wife — Husband had no right to his wife’s property nor could he ‘guarantee’ or encumber it without her permission—Woman also did not need permission to dispose of her property or to acquire property—Unless a married woman elected to gift, sell or otherwise dispose of her property neither her husband nor any male relative had any right over it.

12

2022 SCMR 2123

-Father could not be held liable for kidnapping his own son being a natural guardian— Prosecution having failed to prove its case against accused beyond reasonable doubt; impugned judgment was set aside and accused was acquitted of the charge and was released, in circumstances.

13

2015 CLC 808

Husband can file suit for recovery of gold ornaments which were given to the wife-defendant as part of dower—Said dower had been mentioned in the Nikah Nama.

20

2022 MLD 1762

The rate of annual increase in the maintenance has also been fixed by the legislature to be at ten percent each year and the base value (i.e. the maintenance fixed by the Court) to which such rate of increase applies remains constant throughout the period of application of Section 17A(3) of the Act.

16

2018 SCMR 590

Ss.7 & 25 of Guardians & Wards Act, 1890

Father as the natural guardian of minors in comparison to maternal grandmother.

23

PLD 2018 Balochistan 44

High Court set aside the impugned order passed by the Appellate Court and re-scheduled the more flexible arrangements of meeting of minor with the father on special days and on every Saturday of the calendar month with arrangement that Civil Nazir or a bailiff be deputed by the Trial Court to collect the minor…

18

2016 SCMR 1821

Once a decree by the Family Court in a suit for MAINTENANCE (for minors) was granted, thereafter, if the granted rate for monthly allowance was insufficient and inadequate, in that case, institution of fresh suit was not necessary rather the Family Court may entertain any such application (under S. 151, C.P.C.) and if necessary make alteration in the rate of MAINTENANCE allowance.

21

PLD 2019 LAH. 285

-Union Council and/or the Chairman, which would have jurisdiction in the matter would be the Union Council and/or the Chairman within whose territorial jurisdiction the wife was residing at the time of pronouncement of divorce (talaq)-

22

PLJ 2014 SC 157

Where father is habitually involved in crimes or is a drug or alcohol addict, maltreats his child, does not have a capacity or means to maintain and provide for healthy bringing up of his child or where the father deliberately omits and fails in meeting his obligation to maintain his child.

2020 CLC 1340

2020 CLC 1340

2020 C L C 1340
[Balochistan (Sibi Bench)]
Before Muhammad Hashim Khan Kakar and Rozi Khan Barrech, JJ
GULZAR KHAN—-Petitioner
Versus
Mst. RAHIMA and 3 others—-Respondents
Constitution Petition No.(S)137 of 2018, decided on 7th November, 2019.
(a) Guardians and Wards Act (VIII of 1890)—
—-S.25—Custody of minors—Welfare of minors—Financial status of mother—Scope—Father’s petition for custody of two male minors and one female minor was accepted to the extent of male minors while the custody of female minor was entrusted to her mother till puberty
29

PLD 2019 LAH. 285

—-S. 25—Contract Act (IX of 1872), Ss. 23 & 25—Custody of minor—Disabled mother with no substantial source of income—Hizanat, right of—Scope—Agreement for khula’ between husband and wife whereby the latter gave up custody of their minor son—Repugnancy of such agreement to Inunctions of Islam—Mother in whom right of hizanat vested could not be compelled to surrender it nor could such surrender constitute consideration for an agreement of khula’—Holy Quran, which enabled khula’, did not contemplate surrendering a child’s custody to secure khula’ nor that it could constitute valid consideration for it—To insert such a condition in an agreement of khula’ was contrary to the law, public policy, and the Injunctions of Islam—

2023 LHC 7114

2023 LHC 7114

Through this petition filed in terms of the Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 read with section 491 of the Code of Criminal Procedure, 1898, the petitioner namely Mst. Arzu has sought the custody of her minor son namely Muhammad Ans.
2. In compliance of the order dated 05.09.2023, the minor namely Muhammad Ans has been produced before the Court by Rasheed Ahmad, respondent No.3, who had gained the custody of the minor namely Muhammad Ans by way of adoption.