International Law Firm

19/10/2023

خواتین وارثان کو جائیداد سے محروم کرنے کی غرض سے کیا جانے والاHIBA غیر قانونی تصور کیا جائے گا۔
2021 SCMR 179

01/09/2023

Muslim Family Laws Pakistan
Nikah is a civil contract that binds the parties and can be solemnized through an agent or wakeel - PLD 2023 Lahore 446

21/03/2023

20/03/2023

Every fresh entry in the revenue record gave rise to fresh cause of action to the aggrieved party, mutation in question being a subsequent entry gave rise to a fresh cause of action. (2020 CLC 99)

25/01/2023

Citation Name: 2020 PLD 1 HIGH-COURT-AZAD-KASHMIRBookmark this Case
MOHAMMAD NAVEED ASIM VS SUMAIRA MAJEED
S. 5, Sched.---Dissolution of Muslim Marriages Act (VIII of 1939) S.2(viii)(a)---suit for dissolution of marriage---
Curelty---Effect---Husband contracted second marriage and snatched minor daughter from the wife---Wife sought
decree for dissolution of marriage on the grounds of non-payment of maintenance allowance; non-performing of
marital obligations and cruelty---Marriage was dissolved by the Family Court on the ground of non-payment
of maintenance---Validity---Relations between the spouses had become hostile and husband had snatched daughter
from the wife and contracted second marriage which forced wife to abandon his house---Husband had not made any
effort or arrangement to take her wife back to his house nor he had provided her maintenance allowance thus mentally
torturing her---Wife had succeeded to prove the allegation of cruelty, in circumstances---Cruelty by conduct and
behaviour of a spouse justified the grant of divorce---Decree for dissolution of marriage due to non-payment
of maintenance allowance was converted by the High Court into a decree for dissolution of marriage on the basis of
cruelty---Impugned judgment and decree passed by the Family Court were modified accordingly---Appeal was
allowed, in circumstances.

خاوند کا مسلم فیلی لاز آرڈ نینس کی رو سے بیوی کی
اجازت کے بغیر دوسری شادی کر نا ظلم کرنے کے زمرہ میں آتا ہے ۔
2018 CLC 1208 Pesh

25/01/2023

2012 YLR 398 PESHAWAR-HIGH-COURT
Side Appellant : Haji SULTAN YOUSAF
Side Opponent : MASTORIA
inheritance , right of ---law of limitation and principle of res judicata , applicability of ---Scope---Shariah for being supreme law would prevail over all procedural law s, thus, such right could not be defeated by such law or on basis of such principle.

25/01/2023

Citation Name : 2005 SCMR 1217 SUPREME-COURT

---Ss. 2, 2-A [as added by West Pakistan Muslim Personal law (Shariat) Application (Punjab Amendment) Ordinance (XIII of 1983)] & 3---Civil Procedure Code (V of 1908), S.11---West Pakistan, Land Revenue Act (XVII of 1967), S.42---Termination of limited interes t in property of last male owner---Effect---Right to succession of deceased owner---Scope and proof ---inheritance mutation without proving relationship between claimants and deceased owner---Evidentiary value---Property of deceased would revert to his legal heirs and his succession. would be deemed to have opened on his death---Property of Muslim deceased would be deemed to have devolved on all those persons, who were his heirs according to Sharia on the date of his death and in case of death of any of them, his share would devolve on his heirs---Right of succession would not be defeated by law of limitation or principle of res judicata as no law or judgment could override law of Sharia being a superior law ---Right of succession could not be claimed without first establishing through direct and legal evidence. that property involved limited interes t and that claimants were legal heirs of last male owner---inheritance mutation or subsequent Revenue Record prepared on its basis could not be considered as an evidence of existence of relationship between claimants and last male owner of property

25/01/2023

When legal heir was deprived of his / her legal right of inheritance and if he / she remained alive for a considerable period and had not challenged his / her deprivation from legacy of predecessor then at late stage when the legacy had changed many hands the further legal heirs had no locus standi to challenge such mutation of inheritance , which remained unchallenged during the lifetime of their predecessors.*
*PLD 2023 Peshawar 12*

25/01/2023

Waiver of abandonment of inheritance cannot be presumed unless and until such waiver or abandonment is clear, specific, conscious, voluntary, indisputable and uncontestable. What is granted to a legal heir of a deceased by Injunctions of Almighty, cannot be taken away or denied for sheer technicalities or unproved and unclear presumption or illogical deductions.
NLR 2005 Civil 357

26/11/2022

بذریعہ عدالت خلع، ایک طلاق تصور ہو گی، اس صورت میں عورت حلالہ کے بغیر اسی مرد سے دوبارہ شادی کر سکتی ہے.
(PLD 2011 Lah 37)
باپ بیٹی کا خرچہ نان و نفقہ اور اسکی شادی کے اخراجات بھی ادا کرنے کا پابند ھے
2022 LHC 7788