Law:

Section:

Islamic Law--- ----Marriage---Condition mentioned in column No. 17 of Nikah Nama---Actionable claim---Jurisdiction of Civil Court---Condition on divorce---Scope---Wife earlier approached Family Court for her claim of dower as well as the inference of condition mentioned in column No. 17 of Nikah Nama---Dower was granted to the wife in the said family suit but for remaining claim she was directed to approach the Civil Court---Validity---Claim of wife made on the basis of condition mentioned in column No.17 of Nikah Nama was actionable claim under the contract---Said claim could be pressed into service through Civil Court---Wife could lawfully stipulate for her divorce under contract and she could also raise any claim based on the said contract apart from dower fixed at the time of contract of Nikah---Any such stipulation could not be termed as against public policy or against Islamic Law---Condition imposed upon right of Talaq could not be enforced through suit before Family Court and Civil Court had exclusive jurisdiction for the same---Revision was dismissed in circum-stances. Muhammad Bashir Ali Siddiqui v. Mst. Sarwar Jahan Begum and others 2008 SCMR 186; Muhammad Arshad Latif v. Civil Judge and 3 others PLD 2004 Lah. 588; Mst. Shaista Shahzad and another v. Additional District Judge, and others PLD 2012 Lah. 245 and Syed Mukhtar Hussain Shah v. Mst. Saba Imtiaz and others PLD 2011 SC 260 ref. Muhammad Bashir Ali Siddiqui v. Mst. Sarwar Jahan Begum and others 2008 SCMR 186 distinguished. Mst. Shaista Shahzad and another v. Additional District Judge, and others PLD 2012 Lah. 245 and Syed Mukhtar Hussain Shah v. Mst. Saba Imtiaz and others PLD 2011 SC 260 rel. JUDGMENT SHEZADA MAZHAR, J.---Through the present civil revision, petitioner has challenged the judgment and decree dated 20-1-2011 passed by the learned Additional District Judge, Sahiwal whereby he accepted the appeal filed by the respondent and set aside the order of learned Civil Judge, Sahiwal. 2. Facts necessary for the disposal of the present civil revision are that marriage of petitioner and respondent was contracted on 12-4-1992, however, it was got registered under the Muslim Family Law…

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