Raja Zahoor Law Chamber

The woman who takes Khula is also entitled of dower. W.P 68712 of 2024 LHC ASIF MEHMOOD VS ADDITIONAL DISTRICT JUDGE ETC 10-04-2025 The Lahore High Court has decided an important legal point regarding women's rights and has ruled that even in the event of termination of marriage on the basis of Khula, a woman is fully entitled to her dower, and the mere taking of Khula cannot be considered a justification for deprivation of this right. This decision was issued by Honorable Justice Raheel Kamran Sheikh on a petition filed by Asif Mahmood. The court issued a detailed eight-page decision in this regard. The petitioner had challenged the decision of the District Court of Sahiwal in which a degree of dower and dowry amount was issued in favor of the defendant (wife) after Khula. The honorable court ruled that if the husband's behavior is such that the wife is forced to take Khula, then in such a case the woman is not only entitled to Khula but also to dower, which is her legitimate ...

  Orders granting repetitive adjournments with warnings of "last and final" and "absolute last and final" opportunity 2023 SCMR 636 SUPREME COURT IMRAN AHMAD KHAN NIAZI Versus Main MUHAMMAD SHAHBAZ SHARIF The Supreme Court of Pakistan dismissed the petitions for leave to appeal filed by the petitioner, Imran Ahmad Khan Niazi, challenging the orders of the trial court and Lahore High Court, which struck out the right to defense of the petitioner due to his failure to comply with the court's order to answer interrogatories in a defamation suit filed by the respondent, Main Muhammad Shahbaz Sharif. Key Legal Issues: • Jurisdiction under Article 185(3) of the Constitution of Pakistan • Conduct of petitioner affecting the grant of leave to appeal • Effect of contumacious conduct on court proceedings • Compliance with procedural rules under Civil Procedure Code (CPC) • Striking out defense for non-compliance with court orders • Interpretation of procedural rules and p...

  Family Court must consider the financial status of the father when awarding maintenance. 2009 PLD 760 SC TAUQEER AHMAD QURESHI Vs ADDITIONAL DISTRICT JUDGE, LAHORE In this case, the Supreme Court dealt with the issue of appropriate maintenance allowance for minors granted by the Family Court, particularly focusing on the 20% annual increase in the allowance. The Court ruled that the Family Court's awarding of a 20% annual increase was arbitrary, illegal, and without basis and thus reduced it to 5% annually. Key Legal Issues: •Maintenance allowance for minors as per father's financial status •Family Court's jurisdiction and power to award increases in maintenance •Executability of Family Court decrees •Executing Court's authority in declaring parts of a decree inexecutable Holding: The Supreme Court held that the Family Court's decision to award a 20% annual increase in the minors' maintenance allowance was arbitrary, illegal, and whimsical. The Court reduced t...

  If the Husband dies during Iddat, the Divorced Wife will be Considered Widow 2017 CLC 516 Mst. ROHEELA YASMIN Versus Ms. NEELOFAR HASSAN The case involves a dispute regarding the inheritance rights of Mst. Roheela Yasmin following the death of her husband, who allegedly divorced her before his death but within the stipulated 90-day period during which he could have revoked the said divorce. The court held that since the divorce had not yet become effective as per S.7 of the Muslim Family Laws Ordinance, 1961, the appellant remained his widow and was entitled to inherit his property. The impugned order was set aside, and the appeal was allowed. Key Legal Issues: • Validity and effectiveness of divorce within the 90-day period. • Right to inheritance under Muslim Family Laws Ordinance. • Procedure for reconciliation in Islamic law. Holding: The court concluded that the divorce pronounced by the deceased husband had not yet become effective as the 90-day period for revocation had no...

Grandparents also have the right to visit a minor 2021 YLR 1989 LHR SAROSH SIKANDER VS GUARDIAN JUDGE, LAHORE The petitioner (mother) challenged the maintainability of an application filed by the grandmother seeking interim custody and visitation rights of a minor in the Guardian Court. The court rejected the petitioner’s constitutional petition, ruling that the grandmother's application for visitation rights was maintainable. Key Legal Issues: •Whether the grandmother could apply for interim custody and visitation rights under the Guardians and Wards Act, 1890. •Scope of the term 'parent' within the Family Courts Act, 1964, as it pertains to visitation rights. •Maintainability of a constitutional petition against an interlocutory order of the Guardian Court. Holding: The court held that the grandmother’s application for interim custody and visitation rights of the minor was maintainable. The term 'parent' in the Family Courts Act, 1964, was interpreted broadly enou...

  Gift is a personal action that must be performed by the owner himself. PLD 2016 LHR 287 MST. BUDHAI Vs GHULAM MUSTAFA The court decided that an attorney cannot gift property on behalf of the deceased principal without explicit permission. The trial court had granted the suit for declaration by the plaintiffs, but the appellate court reversed this decision. Upon appeal and revision, the court reverted to the trial court's original decision, deeming the gift deed executed by the attorney null and void. Key Legal Issues: •Whether an attorney can execute a gift on behalf of the deceased principal. •If specific permission from the principal is required for the attorney to gift property to a near relative. •The legitimacy of the date of death of the principal as determined by the Deputy Commissioner. •The necessity for consideration and formalities in the context of gifts under Islamic law. Holding: The court held that the attorney did not have the authority to gift the property on his...

  3/4 Prohibition of Norcotics, if the accused says that he pleaded guilty, he cannot be punished. Until he says he works and transports heroin. 1990 PCrLJ 1685 FSC MUBARAK ALI VS THE STATE This case from the Federal Shariat Court of Pakistan involves the appellant Mubarik Ali who was convicted by a Magistrate 1st Class for transporting 10 grams of heroin. The trial and sentence were challenged primarily due to procedural discrepancies regarding the powers of the trial magistrate and the lack of clear admission of guilt by the appellant. The appeal was accepted, and the appellant's sentence was modified to the time already served. Key Legal Issues: •Authority of Magistrate under S. 30, Cr.P.C. •Clear admission of guilt requirement under S. 243, Cr.P.C. •Validity of charges under Articles 3 and 4 of the Prohibition Order •Consideration of time served under S. 382-B, Cr.P.C. Holding: The appellant's trial was vitiated due to the magistrate imposing a sentence exceeding his powers...

A gift mutation made in favor of sons by depriving daughters of their Shariah rights is voidable. 2016 SCMR 986 SC ISLAM-UD-DIN Vs Mst. NOOR JAHAN The Supreme Court of Pakistan in 2016 SCMR 986 dealt with the issue of daughters being deprived of their share of inheritance in agricultural land and properties due to alleged gift documents and mutation entries in the name of sons only. The court found that the alleged gifts and mutations did not meet the legal requirements as per the Qanun-e-Shahadat, 1984, specifically Article 79, and thus disregarded these documents, granting the daughters their rightful share of inheritance. Key Legal Issues: •Inheritance rights of daughters •Validity of gift documents and mutations •Requirement of attesting witnesses as per Article 79 of the Qanun-e-Shahadat, 1984 •High Court revisional jurisdiction under S. 115 of the Civil Procedure Code Holding The court dismissed the appeals, upholding the High Court's decision to disregard the mutations and t...

Mothers's inherent right to meet her children 2018 MLD 574 AMIR BASHIR Versus Mst. NOSHEEN FATIMA The Sindh High Court dismissed a constitutional petition filed by the father challenging a Family Court order that allowed the mother visitation rights with her minor children. The court upheld the Family Court’s decision recognizing the mother's rights as a natural guardian. Key Legal Issues: ●Mother's right to visitation despite not filing a separate guardianship suit, under Section 12 of the Guardians and Wards Act ●Family Court’s authority to grant visitation rights ●Father's contention regarding the procedural errors and the living arrangements of the mother ●Relevance of the natural guardianship of the mother in the decision-making process Holding: The court held that the mother, being the natural guardian, has every right to meet her children. The Family Court’s visitation arrangement was considered just, fair, and equitable, protecting the rights of both parties, an...

Modification of Visitation Schedule YLR 2021 LHR 2030 The Lahore High Court allowed the petition filed by Amna Nawaz, seeking the establishment of a fresh visitation schedule for meeting her children. The court set aside the impugned order of the Guardian Judge due to the respondent's failure to comply with previous orders and produce the children. The petitioner is directed to approach the Guardian Judge to chalk out a new visitation schedule in accordance with the welfare of the minors. Key Legal Issues: ●Custody of minors ●Visitation rights ●Modification of visitation schedule Holding: The court allowed the constitutional petition, set aside the impugned order of the Guardian Judge, and directed the petitioner to approach the Guardian Court for obtaining a fresh visitation schedule. The Guardian Court is instructed to proceed with the matter expediently, considering the welfare of the minors. Reasoning: ●Welfare of the minor is the paramount consideration for the Guardian Court....