No Necessary for every legal heir to appear before the court for succession

No Necessary for every legal heir to appear before the court for succession
Secession Act (XXXIX of 1925)
Section 372— inheritance—succession certificate, issuance of—scope— Not necessary for each and every legal heir to be properly represented and appear before the court to get a succession certificate— court on receiving such application had to issue/grant succession certificate in favor of all the legal heirs by considering and determining their respective shares by complying with the procedural requirement of law in such regard.
2018 SCMR 762

Visiting Rights of father with minor at house

Visiting Rights of father of minor at house
Section 12 of Guardian and Ward Act 1890 visitation right of father of minor—court premises as meeting place of the minor with the father—effect—welfare of minor— scope—petitioner/father contended that family court had rightly allowed him to take his minor daughter of his house on (certain) special days—respondent/mother contended that appellate court had rightly set aside schedule arranged by Trial court as father should meet minor within court premises— Validity—father might disentitle himself to custody on account of his conduct but father. In the present case, was regularly depositing the maintenance allowance of his minor daughter as fixed by the court—Minor daughter in her tender age required love and care of her parents, deprivation of any of them would have negative effect no only on her mental growth but would also affect her intellectual development—neither the minor nor the father could be deprived of company of each other—father being natural guardian was not only required to participate in the upbringing of the minor should also develop love, bondage and affinity with her, to achieve said purpose—court was to facilitate a congenial homely and friendly environment and reasonable visitation schedule—office of the Guardian judge or office of civil Nazir of the court for the said purpose was neither conducive nor effective which lacked proper facilities and arrangement and was not comparable to a homely environment—meeting in court premises could not serve the purpose of meeting, and it was not in the interest or welfare of the minor to hold meeting in the court premises—meetings of the minor with the father were preferably to the held at the residence of the father—high court set aside the impugned order passed by the appellate court and rescheduled the more flexible arrangement of meeting of minor with the father on special days and on every Saturday of the calendar month with arrangements that civil Nazir or a bailiff be deputed by the trial court ot collect the minor from the residence of the mother at 10.00 AM along with a representative of the father take her to residence arranged by the father and thereafter along with representative of mother collect her from the father on the same day and drop her back at the residence of mother.. Such arrangement would remain in vogue till the minor daughter was five years of age or admitted to school—constitution petitioner was disposed off accordingly
PLD 2018 Baluchistan 44

Consent of Husband on Dissolution of Marriage by way of Khula

West Pakistan Family Courts Act (XXXV of 1964) Section. 5, Sched. & S.10—Dissolution of Muslim Marriages Act (VIII of 1939), S. 2—Dissolution of marriage on ground of Khula'—Scope—Consent of husband for such dissolution would not be necessary—Judge, in case of husband's dis-agreement to dissolve marriage, could determine question as to whether spouses, if they continued living together, could observe limits of God or not—Duty of Judge to make genuine attempt for reconciliation between spouses—Judge in case of failure of reconciliation efforts could pass forthwith decree for dissolution of marriage— Where Judge while passing such decree, observed that wife was not willing to live with husband without any fault of his, then Judge would have no option but to restore to husband dower (Haqe-Mehr) received by wife at time of marriage—Wife seeking divorce for having developed extreme hatred and disliking for her husband would have to restore the consideration of marriage (dower) to husband—Where in view of Judge husband by his arrogant, cruel and obnoxious nature or behavior compelled wife to seek "Khula", then she would be entitled to all due benefits along with dissolution of marriage

PLD 2013 Peshawar 12

Guardianship by Father

Guardianship by Father

Section 7 of Guardianship and ward act, Guardianship certificate—Father as guardian of person and property of minors –scope—No bar or restrictions was placed on father/natural guardians against obtaining a guardianship certificate from the court, however the circumstances and bona fides of father is obtaining such declaration /certificate needed to be examined keeping in view the peculiar facts of the case

2018 SCMR 427

Limitation of Recovery of Maintenance of wife and Children

Limitation of Recovery of Maintenance of wife and Children

Section 5and 9 family court act 1964 ,  Article 120 of Limitation Act 1908, Article 2-A and 199 of Constitution of Pakistan, Suit for recovery of Maintenance allowances of wife and daughter— Plaintiff/wife sought education, medical and expenditure of marriage of daughter and claimed maintenance for the last 30 years—- substance of marriage—scope— limitation, question of – Responsibility of husband toward wife and daughter— injunctions of Islam—scope—petitioner/husband contended that as wife had not been living hi is house so Appellant court had wrongly decreed past maintenance of wife for the last six years—validity—under Islamic law the husband was liable to maintain his wife and children from the very date when marriage was solemnized—- record proved that respondent/plaintiff was turned out of the house and subjected to cruel behavior by petitioner/defendant so many times but she joined the marital life on the intervention of Jirga and again due to his cruel behavior she was ousted form his house and she started living at her parents house for the last 30 years and was still there but the petitioner/husband had not divorced her and failed to maintain her and his daughter which was Zulm-eAzeem to the Muslim who lived under the protection of law—High Court observed that under Art. 2-A, of the constitution the Quran and Sunnah was the basic law of the land and section 9 of Muslim family Law Ordinance 1961 was a special law which did not presce3ive specific period of limitation for past maintenance— payment of maintenance ot the wife by her husband was governed by injunctions of Islam— petitioner/husband had not in the present case., paid any maintenance educational expenses marriage expenses for his daughter and maintenance allowance to his wife to meet daily needs life food and clothes etc. which was his duty to bear the provision of limitation prescribed under Art 120 of Limitation Act 1908 for recovery of past maintenance was not stricto sensu application—husband was responsible for the maintenance of wife from the day when the Nikah was solemnized and daughter when she was born—record showed that husband has admitted in the cross examination that he never paid any amount to his wife or his daughter—both courts below had erred by not considering the said admission by the husband wile decreeing the past maintenance for wife for past six years only— Husband was bound to pay the maintenance allowance for past 30 years to his wife and expenses claimed in the suit( marriage expenses of daughter etc)—- High court observed that great injustice had been caused to the wife and daughter of petitioner so despite the fact that respondent/wife had not challenge the judgment and decrees of courts below which might be due to economic constraints of neglected mother and daughter but High court in exercise of its constitutional jurisdiction under Art. 199 was vested with jurisdiction to proved relief to party with whom injustice had been done so that judgment and decrees of the both courts below to the extent were set aside modified and the suit of plaintiff/respondent was decreed as prayed for

2018 YLR 128