Parsi Dissolution of Marriage on Ground of desertion

Parsi Dissolution of Marriage on Ground of desertion
Section 24 and 32(g) of Parsi Marriage and Divorce Act 1936.. Grounds.. Desertion by husband— wife had applied for divorce on the ground that the husband had desertion her for last seven years—- Both the husband and wife came to an understanding that their marriage may be dissolved as they no longer wished to remain in matrimonial tie— delegates appointed by consent of both parties also unanimously expressed their option that the marriage by ve dissolved on the ground of desertion—-husband and wife both decided to have the joint custody of their daughter hence no order in such regard was required to be passed keeping in view the consensus between the parties— Marriage between the parties was dissolved accordingly
PLD 2018 Sindh 492

Gift depriving other legal heirs is invalid

Gift depriving other legal heirs is invalid
Islamic Law… Inheritance… gift(Hiba-bil-Iwaz)—disinheritance of legal heir due to disobedience—scope—plaintiff was deprived of his legal share from the inheritance due to disobedience and gift mutation was made in favour of defendants—suit filed by the plaintiff against the said mutation of gift was decreed concurrently— validity— plaintiff was deprived from the inheritance of his father due to disobedience to hold the impugned gift as valid has no sanctity nor on this sole object lawful heirs could be deprived from inheritance—Muslim owner could validly transfer his property only through the mode recognized by Islam and not otherwise— Muslim could gift away his property to anyone but in case transfer was made with intent to deprive the heirs of their of inheritance on the ground not recognized by law then same would be void— Impugned gift was made by the father in his life time in favour of defendants. i.e. daughter to deprive the son from inheritance on negative reason which was forbidden under the law— Object of donor in the present case was to deprive the plaintiff of his legal share in his property— findings recorded by the courts below with regard to plea of “aaQ” ( EXCLUSION FROM INHERTANCE) taken by the defendants were based on proper declaration that impugned mutation was invalid on that ground—impugned gift was Hibba-bil_Awez fro an amount of Rs.200,000 and plaintiff would be liable to return the said amount to the defendants—no other illegality or irregularity had been pointed out in the impugned judgment and decree passed by the court below… Revision was dismissed in circumstance.
2018 CLC 1535 Balochistan
2005 SCMR 135
PLD 2006 SC 15
2002 SCMR1938