Nazia Law Associate

Bar to Suit for Declaration in Pakistan: Chairman of Arbitration Council has no power to issue certificate either rejecting divorce or holding the same to be ineffective. Family Court being possessed of exclusive jurisdiction to determine validity of marriage and suit for declaration in Pakistan and permanent injunction cannot be filed in civil court. Determination of dispute relating to false marriage lies. Determination of dispute relating to false marriage lies within jurisdiction of Family Court. Section 23 would be no bar to suit for declaration in Pakistan and possession before Family Court. Judge Family Court was competent to examine whether marriage certificate was executed under duress and coercion. Finding of fact by two Courts is based on evidence adduced by both parties. There is no misreading or non-reading of evidence warranting interference in exercise of Constitutional jurisdiction, Petition dismissed. Suit for Declaration in Pakistan and Permanent injunction:

Maintenance of Wife in Pakistan: Petitioner in her affidavit which equated with her examination-in-chief as a witness had nowhere mentioned her claim about maintenance of wife in Pakistan allowance, which meant that she did not even substantiate contents of the plaint. List of dowry articles was subsequently prepared by the sister of the petitioner which had no signature or note of bridegroom's family member, pertaining to correctness of the same. Value of each article or receipts (photocopies) of the alleged purchase articles of dowry had been considered as reliable one in spite of the fact that neither any executants of the same appeared in the witness-box nor from the receipts, it was established that as to who purchased the article from whom and in some cases the receipts were post-dated than the marriage. After Divorce in Pakistan Maintenance System: Maintenance of wife in Pakistan allowance for the period of iddat was not challenged in the original claim and it was

Suit for Dissolution of Marriage in Pakistan: Suit for dissolution of marriage in Pakistan on the basis of Khula, recovery of dowry articles, maintenance, gold ornaments and dower amounting to Rs.50, 000 was filed by wife in court. Petitioner instead of filing appeal against the impugned judgment and decree passed by Judge Family Court before Appellate Court had directly challenged the same in Constitutional petition before High Court. Petitioner had remedy under the law to file appeal against the impugned judgment and decree passed by Judge Family Court before District Judge in case of dissolution of marriage in Pakistan but instead of availing his remedy, before the proper forum, he had directly challenged the same before High Court through Constitutional petition. Petitioner had not asserted to the legal course. High Court dismissed Constitutional petition being not maintainable.   There is bar on appeal against interim order in case of dissolution of marriage in Pakistan. Sect

Right of Khula Procedure in Pakistan: For allowing wife, authority to exercise the right of Khula in Pakistan there must exists reasonable proof sufficient for the satisfaction of judge (Court) showing incompatibility of temperament including total lack of sympathy between husband and wife resulting in resistance to mutual adoption in case of khula in Pakistan. Intense hatred, serious discord, extreme disliking, strong malice explicitly indicating impossibility of future harmonious relationship between the parties in accordance with limits prescribed by God must exist. Exercise of right of Khula in Pakistan is subject to restoration of partial or total benefits received by the wife in connection with marriage. Plea of previous divorce in Pakistan taken by husband was not accepted. Plea of previous divorce in Pakistan taken by husband in written statement in proceedings initiated by wife for maintenance was not upheld. It cannot at all be treated as pronouncement of divorce in Pa

Explanation of suit for declaration and succession certificate in Pakistan In suit for declaration & succession certificate in Pakistan explanation to Art. 203-B. Relates to special laws and statues denominated as "Muslim and applying to Muslims alone and not to Divine and religious law of Muslims. Section 4 held contrary to Injunctions of Islam not correct. Death of any son or daughter of propositus before opening of succession. Children of such son or daughter, if any, living at the time the succession opened, shall per stripes receive a share equivalent to share which such son or daughters as the case may be would have received if alive. More about suit for declaration & succession certificate in Pakistan In the suit for declaration & succession certificate in Pakistan entitlement to inheritance under S. 4 of predeceased son the object and rationale behind S. 4 is to ameliorate the distress of those unfortunate children whose father and mother were snatch