Enhancement of Maintenance second suit

section 5 & 17, CPC section 11, suit for enhancement of maintenance allowance– second suit– Resjudicata– principle of — applicability— scope– Respondent filed suit for enhancement of maintenance allowance which was earlier fixed through a decree— trail court dismissed the suit whereas appellate court allowed the appeal and remanded teh suit for adjudication on merits— validity— family court act 1964 had not barred the filing of a second suit for enhancement of maintenance allowance—- second suit was only barred in cases where the matter was directly or substantially in issue in a former suit between the parties— earlier suit was for recovery of maintenance allowance but issue regarding its enhancement was neither raised nor was considered in that suit and thus was not in issue— section 11, CPC did not bar any subsequent suit, which was filed only for enhancement of maintenance allowance– appellant court had rightly remanded the case to the trial court…

2020 CLC 320 Balochistan

2005 CLC 1913

Dowry Articles receipt

section 5 family courts Act 1964

suit for recovery of dowry articles and dower— family court decreed the suit and appeal was dismissed by the appellate court— validity— not possible for wife to keep the record of purchased articles and prepare list of dowry articles and obtain signature of husband and witnesses– whoever alleged existence of a particular fact was to prove the same— solitary statement of wife was enough to prove dowry articles– when marriage had not been consummated then wife would be entitled to half of fixed dower only and remaining haled should be returned/restored to husband unless waived such right voluntarily

2020 CLC 380 Balochistan 

Forfeiture of advance money in violation of sale agreement

Advance or earnest money can be forfeited if purchaser backtracks from his contractual commitments under section 73 and 74 of contract Act and it is settled legal principle that parties may determined expected losses and agree for an amount to be paid in breach
Earnest Money is the part of purchase price when the transaction goes forward. it is forfeited when the transaction falls through by reason of fault and failure of the vendee. of contract.
2004 CLD 984, 2017 CLC Note-4 (sindh)

Mother is not dis-entitled for child custody after remarriage

Guardian and ward Act VIII of 1890

Section 25 custody of minor—welfare of minor— Re-marriage of mother—visitation – conduct of father— Non-payment of maintenance allowance—Effect—Petitioner/mother assailed the order of Appellate court whereby permanent custody of minor was given to the father/respondent—Appellate court had granted the permanent custody of minor to the father on the sole ground that the mother had remarried and was not living with her second husband— Validity— Hel: such ground could have been applied had the subject minor been a girl— No other justifiable reason was assigned by the Appellant court for granting permanent custody of a male minor of tender age to his father—- Observation of family court regarding the conduct of father being negligent and male fide was apparent in view of his continuous absence at the time of visitation ordered by the family court, impounding and blocking of his CNIC by family court and issuance of his non-bailable warrants by the judicial Magistrate— father had not complied with the decree of maintenance passed by Family Court in favor of the subject minor— Grant of Permanent custody of minor to respondent /father was not in the interest and welfare of the minor— Respondent was, however granted right of visitation subject to certain conditions— Constitutional petitioner was allowed in circumstance.

2019 CLC 1787

Jurisdiction of Union Council for Issuing Divorce certificate

Jurisdiction of Union Council for Issuing Divorce certificate

Section 7 ;;;; Rules under the Muslim family law Ordinance 1961, R.3(b)…. Notification/SRO. No. 1086(K)/61, dated 09-11-1961—Divorce certificate, issuance of …. Territorial Jurisdiction of chairman, Reconciliation committee; scope…. Wife no residing in Pakistan at the time of pronouncement of talaq… under R.3(b) of the Rules under the Muslim Family Law Ordinance 1961 (the rules) the basic factor which determined the jurisdiction of the union council and /or the chairman of entertaining and proceeding on  notice of divorce (talaq) under sub section (1) of section 7 of the Muslim family Laws Ordinance 1961 (the ordinance) was the place where the wife was residing at the time of pronouncement of divorce (talaq)….. 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… At the time the husband in the present case, was alleged to have pronounced divorce upon the wife both of the were permanently residing in the foreign country USA however the husband was stationed in another foreign country Germany due to his job… in such circumstances the chairman Reconciliation committee based in Pakistan did not have jurisdiction in the matter and erred in issuing the impugned divorce certificate….. since the husband and the wife were national of Pakistan and a foreign country USA and were permanently residing in said foreign country at the relevant time, therefore the husband should have approached the authorized officer of the concern Pakistan mission in the foreign country under section 7 of the Ordinance— divorce certificate issued by the chairman Reconciliation committee (based in Pakistan) was held to be  of no legal effect and was accordingly set aside— constitutional petition was allowed in circumstance.

PLD 2019 Lahore 285