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

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