Law: Family Courts Act, 1964

Section: 5

(a) Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Suit for dissolution of marriage on the basis of khula---Gift of gold ornaments---Scope brought a suit against the petitioner for dissolution of marriage on the basis of khula and recovery of monthly maintenance allowance for the minors---Decree for dissolution of marriage on the basis of khula was granted in favour of the wife in lieu of dower i.e. house and ten tolas gold ornaments---Appellate Court partially allowed the respondents appeal by modifying the of trial court to the extent that the respondent was not liable to return ten tolas gold ornaments to the petitioner---Validity---House mentioned in the nikahnama was sold by the petitioner and the amount of sale consideration was received by him and not by the respondent---Gold in question was given to the respondent besides dower, meaning thereby that the same was given to her as a gift and that it could not be reclaimed once given with free will and consent---Monthly maintenance allowance of minors was kept intact however, its annual increase was reduced from 20% to 10%---Constitutional petition was disposed of accordingly. (b) Islamic law--- ----Gift---Scope---Gift once given with free will and consent by donor cannot be reclaimed. JUDGMENT MOHAMMAD IBRAHIM KHAN, J. Zahid Akhtar through the instant petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has called in question the judgment and decree dated 05.10.2019 passed by the learned Additional District Judge-V/Model Civil Appellate Court, Haripur, whereby his appeal against the judgment and decree dated 20.03.2018 of the learned Judge Family Court-II, Haripur, was dismissed while that of the respondents/plaintiffs was partially accepted. 2. Succinctly stated facts of the case are that the respondents/plaintiffs brought a suit against the petitioner/defendant for dissolution of marriage on the basis of Khula and recovery of monthly maintenance allowance for the minors. The learned trial court put the petitioner/defendant on notice, who appeared and contested the suit by filing his written statements with many legal and factual objections. During trial…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492