RECOVERY OF AMOUNT ON ACCOUNT OF DIVORCE

RECOVERY OF AMOUNT ON ACCOUNT OF DIVORCE

Section 5 family court Act 1964, suit for recovery of amount on account of divorce… pronouncement of divorce by husband.. conditions… scope… entry in Nikahanma… effect… petitioner/ex-husband contended that both the courts below had wrongly granted dower to respondent/ex-wife as no condition could be attached to the right of husband to divorce his wife… respondent/ex-wife contended that she was entitled for recovery of Rs.100,000/= as incorporated in column No. 19 of Nikahnama— validity— Islam provided right to the husband to divorce his wife free from any encumbrance and such right could not be abridged with conditions as the relationship between husband and wife could continue only with their free consent and tie of marriage was beyond any restrictions… in the present case marriage was dissolved by a divorce deed by the husband without interventions of the court… claim of the wife solely rested upon the entry in Nikahanama which in no way could override the Injunctions of Islam.. Both the courts below had erred in law while holding wife entitled to claim Rs.100,000/= on account of divorce…. High court set aside impugned judgment passed by two courts below— constitutional Petition was allowed accordingly

2018 CLC 1844 LAHORE

Difference between lease and licence

Difference between Lease and License

Section 52 and 64 of Easement Act 1882 and section 12 of Specific Performance 1877…. Lease and License…Distinction…. License does not contemplate a transfer of interest I property and it is a permissible right at the behest of the grantor— such position is in contradistinction to a lease where there is a transfer of interest and an exclusive right to possession is granted— Licensee hold the licensed property at the behest of the grantor which can at any stage be revoked in which event the licensee’s only remedy equitable relief would not be permissible.

2018 CLC Note 123 Sindh

Citizen by birth

Citizenship By Birth

Section 4 of Pakistan citizenships Act 1951…section 9 and 10 of NADRA… Citizen by Birth.. Nationality, award of — Authorities declined to issue computerized National Identity Card to petitioner on the ground that his parents were Somalian Nationals—- pleas raised by petitioner was that he was born educated and was residing in Pakistan…. Validity.. No restriction existed on any individual who was born in Pakistan despite the fact that his parents were not citizens of Pakistan— such individual could apply for grant of citizenship by birth in terms of section 4 of Pakistan Citizenship Act 1951— Ministry of Interior, Government of Pakistan was competent authority to process the case by virtue of Application Forms in prescribed manner and an applicant was to submit details as required in said document— Any foreigner non-citizen of Pakistan or person from any other state born in Pakistan, except a refugee ws entitled to be delt under Pakistan Citizenship Act 1951, subject to his claim if he/she fell within five concepts provided under Pakistan citizenship Act 1951 for seeking nationality of Pakistan— High court directed to petitioner to approach Federal Government along with application forms duly filled in where after the authorities would decide hi application in accordance with law. Constitution Petitioner was allowed accordingly.

2018 CLC 1588 Islamabad

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 favor 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 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 o 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