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Showing posts with the label Lawyer

The Woman who takes Khula is also entitled of Dower.

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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 ...

Declining Glasgow Coma Scale (GCS) well explained.

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Declining Glasgow Coma Scale (GCS) well explained. Crl. Misc.10010-B-24 MUHAMMAD RAMZAN VS STATE ETC  Mr. Justice Muhammad Amjad Rafiq  11-03-2025  2025 LHC 915 Declining Glasgow Coma Scale (GCS) indicates a worsening neurological condition due to head injuries, stroke and other brain related issues. The Glasgow Coma Scale (GCS) is a tool used to assess a patient's level of consciousness by evaluating their eye, verbal, and motor responses, with scores ranging from 3 to 15, where 3 indicates a comatose state and 15 represents normal consciousness. The GCS was developed in 1974 by experts at the University of Glasgow in Scotland. It's a widely used tool for measuring consciousness and coma. It assesses a person's ability to perform eye movements, speak, and move their body. The Glasgow Coma Scale has three categories that apply to a neurological examination. Most of them apply to the brain itself, but some can also involve spinal cord and nerves throughout the body. The G...

Family Court must consider the financial status of the father when awarding maintenance.

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  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...

Grandparents also have the right to visit a minor.

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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...

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.

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  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...

Mother's inherent right to meet her children

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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

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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....