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Latest Judgments (All Jurisdictions within Pakistan)
Muhammad Ikram Vs State
Summary: 540 CrPC, Summoning of witnesses for just decision of the case.
Mariam Ahmad Vs Raj Muhammad
Summary: In all cases appeal filed without sending notice under order 43 Rule 3 CPC can not be dismiss when same is admitted for regular hearing with notice to the respondents.
Shafqat Ullah Vs Mst. Anjuman and others
Summary: Background:
The petitioner filed a suit seeking the recovery of dower, maintenance allowance, dowry articles, and dissolution of marriage under the Dissolution of Muslim Marriages Act, 1939. The respondent, the petitioner’s husband, contested the suit. The trial court granted a decree in favor of the petitioner for dower, maintenance allowance, dowry articles, and dissolved the marriage on the basis of non-payment of maintenance. The respondent's appeal partially reduced the maintenance period. Both parties filed writ petitions challenging the judgments.
----Issues:
1- Whether the respondent was entitled to maintenance allowance and, if so, for how long?
2- Whether the marriage could be dissolved under Section 2(ii) of the Dissolution of Muslim Marriages Act, 1939 due to non-payment of maintenance for two years?
----Holding/Reasoning/Outcome:
--Maintenance Allowance Entitlement and Period:
The court held that the respondent was entitled to maintenance as per Muslim law, which requires a husband to provide for his wife’s basic needs, including food, clothing, and shelter. The petitioner failed to prove that he paid maintenance. The court cited various precedents affirming that the limitation period for claiming past maintenance is six years under Article 120 of the Limitation Act, 1908. Thus, the trial court's decree for maintenance for the past 19 years was rightly modified to six years by the appellate court.
--Dissolution of Marriage:
The court found that non-payment of maintenance for two years constitutes a valid ground for dissolution of marriage under Section 2(ii) of the Dissolution of Muslim Marriages Act, 1939. The respondent was not maintained for 19 years, fulfilling the requirement of an unbroken period of non-maintenance. The argument that the petitioner and respondent resided together for a short period in 2016 did not negate the overall neglect.
The writ petitions challenging the judgments were dismissed, and the parties were directed to bear their own costs.
----Citations/Precedents:
Muhammad Hanif Khan Vs Mst: Umar Dara and 03 others (PLD 2021 Peshawar 184)
Wasim Nawaz & 02 others Vs. Mariam Bibi and 02 others (W.P. No. 446-B/2019, decided on 28.04.2021)
Sher Zaman Vs Mst. Mah Zari (2018 YLR 128)
Muhammad Nawaz Vs MsL Khurshid Begum (PLD 1972 SC 302)
Anjum Vs. Ahmad (1992 CLC)
Bushra Qassim Vs Abdil (1993 CLC 2063)
MsLAnar Mamana Vs Misal Guf (PLD 2005 Peshawar 194)
Farkhanda Mumtaz Vs Mu (PLD 2006 Peshawar 96)
MsL Farah Naz Vs Judge Family Court, Sahiwal (PLD 2006 SC 457)
Baghdad Ahmad Vs MsL Shamshad Begum & 03 others (2007 CLC 555)
MsL Zaibun Vs Mehrban (PLD 2004 SC AJK 20)
Baghdad Ahmad Khan Vs Additional District (2011 MLD 1014)
Commissioner Inland Revenue Corporate Zone RTO . Vs Ms Niagra Mills (Pvt) Ltd .
Summary: Pending
ALLAH DITTA VS THE STATE ETC
Summary: Putrefactive effects on different organs of human body, yardstick to rely upon circumstantial evidence to sustain conviction
MEEZAN BANK LTD VS SYED HASSAN MEHMOOD SHAH
Summary: Pending
THE STATE VS MUHAMMAD ZEESHAN
Summary: Pending
SAIMA ASHIQ VS ELECTION COMMISSION OF PAKISTAN ETC
Summary: Pending
Mst Hira Bibi Vs The State etc
Summary: Law permits recording of statement under section 164 Cr.P.C. even out of a district.
Yasar Khattak v. The State thr. A.G. Khyber Pakhtunkhwa and another
Summary: Bail After Arrest