| Citation(s) |
|---|
| 2026 SLG 2031 2026 SLD 2031 = 2026 CLC 580 |
Islamabad High Court
Writ Petitions Nos. 4233 of 2021, 322 of 2022, 1906 and 672 of 2023, decided on 10th July, 2025.
Presented By: Before Arbab Muhammad Tahir, J
For Petitioner Jamil Hussain Qureshi, Nawazish Ali Gondal, Jamshed Ahmed, Ms. Faiza Sultan and Ms. Hublul Wareed (in W.P. No. 4233 of 2021). Faisal Iqbal Khan and Ms. Farzana Faisal (in W.P. No. 672 of 2023). Azhar Yousaf (in W.P. No. 322 of 2022). Syed Ishfaq Hussain Naqvi, Muhammad Ali Haider, Ms. Hijab E Zainab, Ms. Jowaria Tariq and Ms. Zain Hyder Malik (in W.P. No. 1906 of 2023).
Writ Petitions Nos. 4233 of 2021, 322 of 2022, 1906 and 672 of 2023, decided on 10th July, 2025.
Presented By: Before Arbab Muhammad Tahir, J
For Petitioner Jamil Hussain Qureshi, Nawazish Ali Gondal, Jamshed Ahmed, Ms. Faiza Sultan and Ms. Hublul Wareed (in W.P. No. 4233 of 2021). Faisal Iqbal Khan and Ms. Farzana Faisal (in W.P. No. 672 of 2023). Azhar Yousaf (in W.P. No. 322 of 2022). Syed Ishfaq Hussain Naqvi, Muhammad Ali Haider, Ms. Hijab E Zainab, Ms. Jowaria Tariq and Ms. Zain Hyder Malik (in W.P. No. 1906 of 2023).
YASMEEN BIBI ---Petitioner
VERSUS
ZEESHAN ALI and 2 others ---Respondents
Law: Muslim Family Laws Ordinance, 1961
Section: VIII,5(5)
Law: Constitution of Pakistan, 1973
Section: 199
(a) Muslim Family Laws Ordinance (VIII of 1961)--- ----S.5 (5)---Additional benefits at the time of divorce---Entries in columns in Nikahnama---Scope---Petitioner / ex-wife was aggrieved of dismissal of her claim regarding extra benefits in case of divorce by respondent / ex-husband as per entry in Nakahnama---Validity---Columns in Nikahnama are meant for guidance of parties and do not enjoy status of conclusively determining intention of parties--Courts while determining rights and obligations of parties in light of entries made in columns in Nikahnama, give due consideration to intention of parties, rather than getting carried away by headings thereof---High Court set aside judgment and remanded the matter to Lower Appellate Court for decision of appeal afresh---Constitutional petition was allowed accordingly. Mst. Iram Shahzadi v. Muhammad Imran-ul-Haq and others 2019 MLD 112; Syed Nadeem Raza through Attorney General v. Mst. Amna-Tuz-Zahra 2011 CLC 726; Wasif Ali and another v. Mrs. Fakhra Jabeen and others 2023 CLC 1021; Mst. Fakhra Jabeen v. Wasif Ali and another Civil Petitions Nos.768 and 827 of 2022; Haseen Ullah v. Mst. Naheed Begum and others PLD 2022 SC 686 and Yasmeen Bibi v. Muhammad Ghazanfar Khan and others PLD 2016 SC 613 ref. (b) Constitution of Pakistan--- ----Art. 199---Writ of certiorari--- Scope--- Power of High Court under Art.199 of the Constitution to interfere with orders of Courts below is limited to the inquiry whether the Courts below acted or undertook the proceedings in accordance with law--- Writ of certiorari cannot be used as a substitute of appeal or revision as its scope is limited. Rahim Shah v. The Chief Election Commissioner of Pakistan and another PLD 1973 SC 24 and Muhammad Azim Khan Afridi v. The President of Pakistan through Principal Secretary and others 2023 SCMR 68 rel. Date of hearing: 24th June, 2025. ORDER ARBAB MUHAMMAD TAHIR, J.---Through this common judgment, this Court shall decide the listed petition along with the following connected petitions as they involve common questions of law.- (i). W.P. No.322/2022, Zeshan Ali v. Yasmeen Bibi and others (ii). W.P. No.672/2023,…