Summary: (a) Family Courts Act (XXXV of 1964)----Constitution of Pakistan, Art. 199----Dowry and bridal gifts---Recovery of alternate value of dowry articles---Scope of constitutional jurisdiction---Petitioner/wife challenged concurrent family court judgments whereby trial court had granted 30% alternate value of dowry articles but appellate court had set aside even that relief---Held, dowry articles and personal belongings of a wife remain her exclusive property and, where not returned in specie, she may claim their alternate value, subject to proof of existence, entrustment and retention---Appellate Court failed to appreciate material admissions and surrounding circumstances, including respondent/husband’s own stance that household articles were available in the house and his admission that no traditional dowry was given at the time of marriage, coupled with his assertion that he purchased various household luxuries during matrimony---Where original financial details were withheld by husband and wife’s bank record showed regular withdrawal of her salary for household consumption, presumption operated in favour of wife’s contribution---Appellate Court had, therefore, misdirected itself in discarding claim in toto merely on ground that wife had not produced her parents or further documentary proof. (b) Dowry and Bridal Gifts (Restriction) Act (LXXVIII of 1976)----Ss. 2 & 5---Dowry---Meaning and legal status---Property given to bride before or after marriage by her parents in connection with marriage constitutes dowry, excluding inherited property---Wife has absolute right in her dowry and bridal gifts---Any property rights available to a woman cannot be restricted, controlled or limited, and every gift becomes her exclusive property---There is no legal bar to a wife purchasing household articles herself after marriage and claiming them as dowry articles within the meaning of law, if such articles were acquired in connection with marriage and matrimonial home. Reliance placed on Ghulam Rasool v. Family Court 1991 CLC 1696 and Syeda Mehwish v. Additional District Judge, Islamabad (West) 2018 CLC 1337. (c) Family proceedings---Proof of dowry articles---Nature of evidence required---Strict rules of evidence---Held, wife’s solitary statement may be sufficient to prove existence of dowry items in a recovery suit, and oral testimony can substantiate a dowry claim because Qanun-e-Shahadat Order, 1984 does not apply in its strict sense to family proceedings---There is no rigid formula requiring receipts, shopkeepers’ details or production of parents in every case---Determination depends upon facts of each case and overall probabilities emerging from evidence. Reliance placed on Aziz-Ur-Rehman v. Mst. Bibi Jameela 2020 CLC 380 and Shafique Sultan v. Mst. Asma Firdous 2017 SCMR 393. (d) Dowry articles---Valuation of used household goods---Principles---Held, valuation of dowry articles is to be made case to case with reference to nature, quality, user period and prevailing market conditions---Judge, Family Court cannot adopt a bare rule of thumb without objective criteria---For assessing alternate value of used household articles, relevant factors include: present and past market value; years of use; average life of article; sentimental value attached to item; need to account for replacement at current price where article remains with husband; online market sources and auction platforms for valuation; reasonable depreciation; inflation and consumer price data; and average market prices supplied by parties---Used item may generally be considered at half price, but not below that level, unless marital breakdown occurred within first one or two years, in which case value may be considered around 80% in view of inflation and taxation---Family Court may use modern scientific tools, data, websites and market applications without requiring expert evidence in every case. Reliance placed on Mst. Ayesha Shaheen v. Khalid Mehmood 2013 SCMR 1049; Muhammad Zahid v. Mst. Ghazala Mazhar 2014 CLC 895; Mst. Samreen Bibi v. Judge Family Court PLD 2015 Lahore 504; and Haji Muhammad Nawaz v. Samina Kanwal 2017 SCMR 321. (e) Matrimonial property---Assets acquired during subsistence of marriage---Vehicle purchased in husband’s name---Claim of wife on basis of contribution---Islamic jurisprudence, comparative jurisprudence and equitable principles---Petitioner/wife claimed that vehicle bearing Registration No. AAK-478, Suzuki Cultus, though standing in husband’s name, was acquired with her financial contribution including initial seed money---Held, such asset required consideration not merely as dowry but as matrimonial property---Though under existing Pakistani law a wife does not automatically acquire ownership in husband’s assets merely by marriage, proprietary interest may still be established through proof of contribution, partnership, trust, gift or joint acquisition---Non-financial contributions such as homemaking, childcare and domestic management possess economic significance and can justify recognition of beneficial interest in assets accumulated during marriage---Marriage operates as a cooperative partnership and there should be no bias in favour of sole titled money-earner against homemaker or child-carer. (f) Islamic law---Marriage and property rights---Separate ownership of spouses---Legislative competence to protect women’s matrimonial rights---Held, under classical Islamic jurisprudence husband and wife remain distinct legal persons with separate property rights; wife retains control over her own property and does not, by marriage alone, become owner of husband’s property, nor does husband acquire wife’s property automatically---However, Islamic law does not prohibit legislation for protection of women in respect of matrimonial property where justice and prevention of hardship so require---Concepts of mut‘at al-talaq, maslahah, ijtihad and compensation for women’s contribution provide room for development of protective legal norms---Silence of classical law on community or matrimonial property does not bar modern legislation safeguarding women from post-divorce destitution and exploitation. (g) Comparative jurisprudence---Recognition of marital partnership and non-financial contribution---Held, in a number of jurisdictions including Malaysia, Indonesia, Iran, Egypt, Turkey, Jordan, Syria, Libya, Brunei, United Kingdom, United States and Canada, courts and legislation recognize direct and indirect contributions of spouses in distribution of matrimonial assets---Homemaking and childcare are treated as contributions of equal worth to financial input in appropriate cases---Principles of constructive trust, unjust enrichment, equitable distribution and community property regimes demonstrate a broader modern trend that marriage is an economic partnership and domestic contribution materially aids acquisition and preservation of wealth---Such comparative experience may legitimately guide development of family law principles in Pakistan. (h) Women’s rights---Constitutional protection---International obligations---CEDAW---Held, Pakistan, having ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), is under an obligation to reconsider its legal framework so as to eliminate discrimination against women in matters concerning ownership, acquisition, management and disposition of property, including consequences of dissolution of marriage---Equal protection of women, particularly homemakers and working wives, requires meaningful legal and policy safeguards in respect of assets acquired during marriage. (i) Constitution of Pakistan, Art. 199---Writ jurisdiction---Limits on enhancement of relief---Held, High Court in constitutional jurisdiction does not ordinarily reappraise evidence to enhance relief granted by trial court---Although appellate court had erred in law and fact by denying wife’s rights altogether, High Court could not itself enhance trial court’s award from 30% to a higher quantified share on writ side---Proper course was to set aside both judgments and remand matter to Family Court for fresh decision after hearing parties and applying correct legal principles. (j) Recommendations/observations---Legislative reform---Nikahnama---Protection of wife’s property rights---High Court observed that every wife who cohabits with husband during subsistence of marriage should be deemed to have contributed, through domestic labour, childcare and household management, to establishment and maintenance of matrimonial home and family welfare---Recommended that Government initiate comprehensive legislation for equitable distribution of assets acquired during marriage, with enhanced protection for working wives and recognition of homemaker’s contribution---Further observed that Nikahnama may be amended, or appropriate condition inserted in existing form, to record agreement regarding equal division of property acquired after marriage, so as to better protect matrimonial property rights of women. Petition was allowed, judgments and decrees of Family Court and Appellate Court were set aside, and matter was remanded to Family Court for fresh decision after hearing parties, to be decided within two months.

Summary: (a) Muslim Family Laws Ordinance (VIII of 1961)---- ----S. 5---Proof of Nikah---Registration of marriage---Nikahnama not proved through reliable evidence---Suit for jactitation of marriage was filed by respondent No.1, while petitioner filed connected suit for restitution of conjugal rights on the plea that a Sharia Nikah had been solemnized between parties on 03.04.2020---Family Court decreed suit for jactitation and dismissed suit for restitution; Appellate Court and High Court maintained concurrent findings---Supreme Court held that alleged Nikah was not established through reliable or legally admissible evidence---No credible explanation was offered as to why alleged Nikah was never registered despite legal requirement under S.5 of Muslim Family Laws Ordinance, 1961---Registered Nikahnama is a public record and carries probative value in Court---Failure to register alleged Nikah and failure to prove Nikahnama in accordance with law weakened legal basis of petitioner’s claim. (b) Family law---- ----Jactitation of marriage---False and persistent claim of marriage---Object and scope---Suit for jactitation of marriage is a civil remedy available where a person persistently and falsely asserts existence of marriage---Object of such suit is to obtain declaration that no valid marriage exists and to secure decree of perpetual silence against wrongful assertion---Supreme Court held that petitioner’s conduct reflected an attempt to fabricate an impression of legality to his inhumane acts; therefore Courts below rightly decreed suit for jactitation of marriage and dismissed petitioner’s suit for restitution of conjugal rights. (c) Muslim personal law---- ----Alleged Sharia Nikah---Prohibited degree during subsistence of earlier marriage---Petitioner was already married and his lawful wife was paternal aunt/phupho of respondent No.1---Supreme Court observed that even on petitioner’s own showing, alleged marriage with respondent would attract doctrine of prohibited degree and would not be permissible during subsistence of earlier marriage---To overcome such legal impediment, petitioner set up wholly unsubstantiated plea of divorce against his lawful wife---Such plea, instead of strengthening petitioner’s case, reflected an attempt to tailor facts and manufacture a narrative to lend colour of legality to an otherwise unlawful and coercive relationship. (d) Criminal proceedings---- ----Allegations of sexual assault---Observations in family/civil proceedings---No prejudice to criminal trial---Respondent alleged that petitioner, being her paternal uncle/phupha and taking advantage of relationship of trust, proximity and dominance, subjected her to sexual assault---Supreme Court clarified that any criminal liability arising from such allegations would be adjudicated by competent criminal Court strictly in accordance with law, and observations made in present proceedings would not prejudice such criminal proceedings. (e) Family law---- ----Minor child---Maintenance---Biological father---Distinction between legitimate child and biological child---Petitioner was declared biological father of minor child born to respondent---Supreme Court held that even where petitioner’s version of marriage was discarded, he could not evade consequences of his own conduct---Minor child is an innocent life and cannot be left unprotected---Law does not permit deprivation of sustenance, dignity and lawful support merely because relationship between parents is disputed, unlawful or subject matter of criminal proceedings---Right of maintenance is vested in child and is founded upon welfare, justice and equity---Once biological paternity is established, corresponding obligation of maintenance follows as necessary legal consequence---Biological father cannot deny responsibility or seek refuge behind technical pleas of legitimacy. Cited Cases: • Qudrat Ullah v. Additional District Judge, Renala Khurd District Okara and others PLD 2024 SC 581 • Muhammad Afzal v. Judge Family Court, etc. 2025 LHC 495 (f) Constitution of Pakistan---- ----Arts. 9, 14, 25 & 35---Welfare of child---Child born outside wedlock---No deprivation of maintenance and protection---Supreme Court emphasized that welfare and rights of minor child cannot be made hostage to unlawful conduct, disputes or defences of adults---Even where child is alleged to have been born outside wedlock, law does not permit such child to be treated as a person without entitlement---Right to maintenance and protection vests in child---Stigma of illegitimacy cannot become shield for biological father to evade responsibility, nor justify deprivation of innocent child---Approach is consistent with constitutional obligations under Arts. 9, 14, 25 and 35 of Constitution and Pakistan’s international commitments under Convention on the Rights of the Child, requiring protection of children without discrimination. (g) Constitution of Pakistan---- ----Art. 185(3)---Concurrent findings of Family Court, Appellate Court and High Court---No reappraisal of evidence by Supreme Court---Supreme Court held that while exercising jurisdiction under Art.185(3), it does not sit as a Court of further appeal to reappraise evidence or substitute its own conclusions for concurrent findings recorded by Courts below---Interference is warranted only where findings are perverse, arbitrary, based on misreading or non-reading of material evidence, suffer from jurisdictional defect, or result in manifest miscarriage of justice---Petitioner failed to establish lawful basis for relief and sought reassessment of evidence, which was impermissible. Cited Cases: • Saleh Muhammad and another v. Mst. Mehnaz Begum and others PLD 2025 SC 1039 • Allah Bakhsh deceased through LRs and others v. Muhammad Riaz and other PLD 2025 SC 63 • Muhammad Ain-Ul-Haq v. Abdul Ali and another 2024 SCMR 1767 (h) Civil litigation---- ----Frivolous and vexatious litigation---Use of judicial process as coercion and harassment---Exemplary costs---Supreme Court observed that petitioner, despite failing to establish alleged Nikah before three forums, persisted in invoking legal process to pressurize and morally intimidate respondent---Respondent, a young woman, was compelled to undergo repeated, invasive and demeaning scrutiny through a defence concurrently found unsubstantiated---Use of judicial proceedings as instrument of coercion and harassment is impermissible---To mark strong disapproval, compensate respondent for needless hardship, and deter frivolous/vexatious litigation, exemplary costs of Rs.1,000,000 were imposed, payable to respondent No.1 within thirty days, failing which recoverable as arrears of land revenue. Cited Case: • Zakir Mehmood v. Secretary, Ministry of Defence (D.P), Pakistan Secretariat, Rawalpindi and others 2023 SCMR 960 (i) Constitution of Pakistan---- ----Art. 14---Dignity of person---Secondary victimization of women through court process---Supreme Court held that dignity of person is inviolable and constitutionally protected---Courts cannot remain passive venues for perpetuation of social prejudice, nor permit their process to become means of inflicting secondary victimization upon women who approach Courts for vindication of lawful rights---Frivolous allegations and contrived pleas aimed at undermining identity, character and dignity of a woman cannot be countenanced in any civilized system of justice. Disposition: Petition for leave to appeal was dismissed and leave was refused; concurrent judgments and decrees of Family Court, Appellate Court and Lahore High Court were maintained; suit for jactitation of marriage filed by respondent No.1 remained decreed and petitioner’s suit for restitution of conjugal rights remained dismissed; petitioner was burdened with exemplary costs of Rs.1,000,000 payable to respondent No.1 within thirty days, failing which recoverable as arrears of land revenue; observations regarding criminal liability were held not to prejudice any competent criminal proceedings.

Summary: Deferred dower becomes payable in the wake of proved polygamy under Section 6(5) of the Muslim Family Laws Ordinance, 1961. 11Murder Reference 23-23 The State . Vs Usman . Mr. Justice Farooq Haider 09-02- 2026 2026 LHC 1118

Summary: In a suit for dissolution of marriage, the court is required to make proper efforts to reconcile the matter in terms Section 10(3) of the Family Court Act, 1964 and on failure of reconciliation proceedings is empowered to pass a decree for dissolution of marriage but said Section does not provide that in every case, where reconciliation proceedings are declared as not successful, the decree for dissolution of marriage on basis of Khula is definitely to be passed, rather the Court has to assess whether wife through her voluntary decision really requires marriage to be dissolved or not. 24First Appeal Against Order(F.A.O.) 68910/22 Oil Marketing Association of Pakistan Vs Oil Companies Advisory Council etc Mr. Justice Raheel Kamran 29- 01- 2026 2025 LHC 8281

Summary: Summary pending.

Summary: Summary pending

Summary: 57C.O. (Commercial) 6859/25 Waqar ud Din Vs United Industries Limited etc Mr. Justice Shahid Karim 24- 12- 2025 2025 LHC 7979

Summary: Inter alia, following question requires determination: Whether a wife pursuing claims for dower, dowry articles and maintenance, who appears before the Court without counsel of her choice or any independent advice and withdraws her suit, can later seek to recall that statement on the ground of fraud, undue influence keeping in view the fact that sanctity is attached to the judicial proceedings? Held: Statements recorded by the litigants are generally given full weight because same are presumed to reflect the free and voluntary will of the party making them before the Courts. However, this principle is not an unbending rule of thumb. The Court must examine the attending circumstances to determine whether the act was truly voluntary and free from undue influence or fraud. Further held that in a dispute whenever a statement is to be recorded by a vulnerable litigant, like females in a family matter, the Court must take all necessary steps to ensure that the statement is fully understood by the maker; the statement should be recorded in a language which the party comprehends; particularly, if the maker is illiterate, the Presiding Officer must ensure that she is accompanied by her kin, who is literate, having no adverse interest, and understands the statement she makes and it should be read over to her by the Presiding Officer of the Court, who should specifically question such vulnerable party to ascertain that she understands the contents and implications of the statement, and that it is being made voluntarily, without any inducement, undue influence, or coercion, and that she has the independent advice from counsel of her choice. Such procedural safeguards are essential to uphold the principles of natural justice and to ensure that the sanctity of the judicial proceedings is preserved while protecting the substantive rights of vulnerable parties as required under the Constitution of Islamic Republic of Pakistan, 1973. 81Civil Revision 237987/18 Muhammad Arshad Mehmood etc Vs Muhammad Bashir etc Mr. Justice Malik Waqar Haider Awan 10- 12- 2025 2025 LHC 7797

Summary: When a Family Court does not give adequate opportunity to file a written statement, an additional chance should be granted. It emphasized that speeding up a case should not lead to rushed decisions without proper judicial consideration. Courts must ensure that any decision made for the sake of expediency does not cause injustice or prejudice. In doing so, they must balance the principles that "justice delayed is justice denied" and "justice hurried is justice buried." 105Crl. Appeal- Against Acquittal- PPC 360-15 SOHAIL AHMAD SIDDIQUI VS STATE ETC Mr. Justice Sadiq Mahmud Khurram 27- 11- 2025 2025 LHC 8324

Summary: Summary pending