Family Lawyer

01/12/2020

میں کر کے گھر سے نکال دیا جیسے گھسے پٹے فرسودہ الزامات اب عائلی عدالتوں میں ثابت بھی کرنا ہوں گے.



*2020 - MLD - 1147*

It is the duty of the family courts to consider the following guiding principles.

a) After recording of evidence by the Family Court, if it appears that any spouse who has suffered the psychological and physical injuries at the hands of other spouse covering under the offences referred in Part-II i.e. Sections 337A(i), 337F(i), 341, 342, 343, 344345, 346, 352 and 509 PPC, the learned Family Judge has to proceed against the perpetrator and award sentence in accordance with the law.

b) The Family Court while considering the offences referred in Part-II of the Schedule should give clear findings and verdict while dilating upon the evidence, even with or without framing of charge of that offence as the legislation has used the term “notwithstanding anything contained in the Code of Criminal Procedure, 1898”.

c) The Family Court can summon the evidence of expert psychiatrist, doctor, CMO or the relevant doctor who had treated the victim in such type of cases.

d) The Family Court, before pronouncement of the final judgment, if prima facie, seem the offences referred in Part-II of the Schedule, may issue a show cause to the perpetrator or the spouse accused of the offence(s) in order to justify the requirements of Article 10-A of the Constitution of the Islamic Republic of Pakistan, 1973 by giving full opportunity for his defence and may record his/her statement being an accused as required under Section 342 Cr.P.C. or 340(2) Cr.P.C., if so required.

e) The Family Court may also call the summary inquiry through the relevant police authorities or seek a report and treat all those reports, record and documents as part of trial and may also provide the copies of those documents to the person accused of the charge before final pronouncement of the judgment.

f) The Family Court, while deciding the issue of cruelty, may frame specific charge for the offence, consider the evidence on the touchstone and requirement of ingredients of offences referred in Part-II of the Schedule and pass a sentence simultaneously in the same judgment or may proceed separately in accordance with procedure provided under the Cr.P.C.

g) The Family Court who has not given any findings on Part-II of the Schedule (of the offences) in its judgment despite availability of evidence in the Family Court jurisdiction, shall be treated as misconduct on its part, which has to be dealt with separately by the High Court on its administrative side.

03/10/2020

Suit for Judicial Separation by Hindu Husband.
2019 C L C 1159
[Sindh (Hyderabad Bench)]
Before Muhammad Shafi Siddiqui, J

Family Courts Rules, 1965----R. 6 ---Family Courts Act (###V of 1964), S. 5 & Sched.

Suit for Judicial separation by Hindu husband.
Parties were Hindu by religion.

Territorial Jurisdiction ---Scope---"Parties last resided together".

Question as to whether the Trial Court where family suit was filed under Hindu Law could exercise jurisdiction in view of facts, pleadings and Rules.

Petitioner/wife contended that Family Court where husband had filed the suit, had no jurisdiction to entertain the same as spouses never last resided at the address given in the plaint---Respondent/husband contended that Family Court had rightly dismissed the application moved by the wife, raising objection on the territorial jurisdiction, as the same was filed just to buy time.

Family Courts Act, 1964 and Family Courts Rules, 1965 were applicable to all Family Courts including but not limited to those who professed different religions ---Rule 6 of Family Courts Rules, 1965 determined the jurisdiction to try suit within local limits of which (a) the cause of action wholly or in part arose (b) where the parties resided or last resided together, provided that in the suit for dissolution of marriage and dower amount the Court within the local limits of which the wife ordinarily resided, would also have jurisdiction.

Said proviso was primarily in consideration of the fact that Muslim woman who filed her suit for dissolution of marriage and dower amount would also be in position to avail the jurisdiction of local limits where she ordinarily resided but the same did not exclude the jurisdiction of the two situations regarding cause of action or last residence together.

Husband being Hindu by religion, in the present case, had filed suit for judicial separation under Hindu Law and had attempted to exercise the first part of R. 6 of Family Courts Rules, 1965, however, husband had not pleaded that the parties last resided or ever resided at the address given in the plaint.

Record revealed that in another case filed by the husband for recovery of dowry articles, he had shown different addresses of both.

Party could not say to have resided at the place when it was not pleaded as such.

Application by wife was not moved to buy time.

High Court set aside the impugned order passed by the Family Court and restored the application filed by the wife.

Family Court was directed to consider said application in the light of facts and circumstances.

07/09/2020

https://youtu.be/kWl3pWudDuY

Family Case kab or kesay withdraw krty.. 03335339880

25/08/2020

*شوہر نے نکاح نامہ میں باپ کا مکان حق مہر میں لکھ دیا۔ عدالت عالیہ نے قرار دیا کہ بیوی کو مکان حق مہر میں دیا جائے*
2011 MLD 176

11/08/2020

https://youtu.be/0f9PGjKYko4

Kiya FIR ki wajasy child custody denay sy inkar kia jasakta hai? For consultation contact 03335339880

08/08/2020

https://youtu.be/Pk9bSIr5Jvs

Dont take Khula for someone's artificial love

11/07/2020

Time for decision of Khula Case in Pakistan .. For consultation contact 03335339880

01/05/2020

Citation Name : 2019 CLC 1787 KARACHI-HIGH-COURT-SINDH
Side Appellant : Mst. NOOR AFSHAN
Side Opponent : MUHAMMAD GHALIB
S.25---Custody of minor

---Welfare of minor

---Re-marriage of mother

---Visitation---Conduct of father---Non-payment of maintenance allowance

---Effect---Petitioner/mother assailed the order of Appellate Court whereby permanent custody of min or was given to the father/respondent

---Appellate Court had granted the permanent custody of minor to the father on the sole ground that the mother had remarried and was now living with her second husband

---Validity---
Held; such ground could have been applied had the subject min or been a girl---No other justifiable reason was assigned by the Appellate Court for granting permanent custody of a male min or of tender age to his father

---Observation of Family Court regarding the conduct of father being negligent and mala fide, was apparent in view of his continuous absence at the time of visitation ordered by the Family Court, impounding and blocking of his CNIC by Family Court and issuance of his non-bailable warrants by the Judicial Magistrate

---Father had not complied with the decree of maintenance passed by Family Court in favour of the subject min or---Grant of permanent custody of min or to respondent/father was not in the interest and welfare of the minor

---Respondent was, however, granted right of visitation, subject to certain conditions---Constitutional petition was allowed, in circumstances.

23/04/2020

A mother of bad character cannot keep children in her custody..

In cases of dispute regarding child custody, men generally accuse women of having ilicit relations with someone. Mere allegation cannot disentitle the mother, rather a father has to prove such allegations otherwise a criminal case can be registered against him. On that such father may loose his entitlement to custody.

In a case of maintenance, restitution of conjugal rights or recoveries, these allegations are neither raised nor they require any proofs as such. Still if any husband raise any such allegation then he has to prove same in court through documents, conversations and pictures.

If an allegation is made and same is not proved through cogent evidence then a private complaint of qazf can be filed in accordance with law.