Bridal Gifts are unreturnable
Section 7 family court act 1964 section 2(a) of Dowry and Bridal Gifts (Restrictions) Act 1976—dissolution of marriage by way of khula—return of bridal gifts to husband—scope— petitioner/ex wife got decree of dissolution of marriage on the basis of khula in consideration of her unpaid dower amount and contended that anything given by husband was to be considered as bridal gifts which were not liable to be recovered—respondent /ex husband contended that gold ornaments clothes and shoes given by him to the petitioner were returnable on dissolution of marriage — validity—section 2(a) Dowry and Bridal Gifts (Restriction) Act 1976 defined bridal gift dower of dowry bridal gift presents or all other moveable property were the belonging of bride—Bride gifts given by husband were absolute property of wife and could not be snatched from her—under the Sharia, the marriage between a man and woman could be dissolved on the basis of Khula for which some consideration which was in the form of dower which the wife was entitled to received at the time of marriage or on demand was to be forgiven – in the present case only certain amount was mentioned in column No.13 of the nikah nama as dower money howler there was no mention of gold ornaments therein— consideration for marriage was dower amount which had not been paid to the wife—Petitioner wife had waived her dower amount in consideration of Khula which was enough— Appellant court had failed to consider such aspect of the case which was an illegality—Marriage on the basis of khula could be dissolved on the basis of dower mentioned in the column NO. 13 of Nikah nama—constitution petition was accepted accordingly
2017 YLR 1481
Enhancement of minor Maintenance by filing application u/s 151 CPC
Section 5 of family court act 1964, civil procedure code u/s 151 , maintenance, allowance for minors, enhancement of family—family court, powers of —- scope— order for maintenance allowance for minors was passed by family court— mother of minors sought enhancement in maintenance allowance through filing an application under section 151 CPC before the family court— objection for the father that enhancement in maintenance allowance could only be sought by filing a separate suit— valid provision of civil procedure code 1908 were not stricto sensu applicable to the proceedings under the family courts Act 1964, as such the family court was competent to adopt its own procedure— family court had exclusive jurisdiction relating to maintenance allowance and the matters connected therewith— once a decree by the family court in a suit for maintenance allowance and the matters connected therewith—once a decree by the family court in 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 section 151 CPC and if necessary make alteration in the rate of maintenance allowance— Objection was rejected accordingly..
2016 SCMR 1821
Limitation in suit of recovery of dower amount
Section 5 of family court act…. Article 49 of Limitation Act 1908, suit for recovery of dower—- Limitation— Three years limitation period had been provided for a suit for recovery of dower…
2016 CLC 313 Islamabad
Limitation in suit of recovery maintenance
Article 120 of Limitation Act 1908, section 5 of family court act,…. Suit for recovery of maintenance allowance— Limitation period of six years from the accrual of right to sue had been provided for recovery for the recovery of maintenance allowance..
2016 CLC 313 Islamabad
Marriage— Divorce lady— iddat period== non-observance of— Effect— Marriage entered into by a divorce lady before completion of iddat period could be an irregular marriage and not void marriage— Marriage which was irregular could not be treated as void marriage— Union of husband and wife in irregular could not be treated as void marriage— Union of husband and wife in irregular marriage could not be regarded as un-Islamic or against Sharia…
2016 CLC 717 Lahore