Case Details

Citation(s)
1997 SLG 1298 1997 SLD 1298 = 1997 PLD 386
Sindh High Court
Suit No.285 of 1991, decided on 27th March, 1997.
Presented By: Before Mrs. Majida Razvi, J
Azhar Ali Siddiqui for Petitioner. Afzal Nabi for
Respondent.

NURUDDIN---Petitioner

VERSUS

KAIMUDDIN and others---Respondents

Law: Muhammadan Law

Section: 9

Law: Contract Act (IX of 1872)

Section: 69 , 70

Law: Specific Relief Act (I of 1877)

Section: 8 , 54

  Muhammadan Law--- --Maintenance fur children---Liability of educational expenses of sons, who were abroad and had attained puberty---Claim of minor children for educational expenses---Any amount contributed by mother of sons towards their educational expenses, while they were abroad, and had attained puberty could not be claimed from father of such children---Mother's claim of specified amount having been spent on education of son and daughter, who were minors at relevant lima was; however, accepted and father was liable to reimburse such amount to his ex-wile (mother of children). Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 9---Maintenance of minor daughter---Husband and wife living separately for number of years---Wife maintaining daughter for number of years---Father admittedly having not paid maintenance of his minor daughter, was liable to pay specified amount towards maintenance of his daughter. Contract Act (IX of 1872)--- ----Ss. 69 & 70---Civil Procedure Code (V of 1908), O.VIII, R.6---Suit for possession of house by owner---Defendant (wife) setting up claim for completion of kitchen and finishing work as also amount paid to House Building Finance Corporation from where husband had obtained loan for construction of house-- Plaintiff having admitted such claim, wife was entitled to be reimbursed of such amount---Wife, however, was not found entitled to claim specified amount purportedly spent by her on repairs for lack of evidence to that effect. PLD 1992 SC 822; Hidaya; Principics of Mohammadan Law by Mulid; The Muslim Law of India by Dr. Tahir Mahmood and West Briigai v. M/s. B.K. Mondal & Sons AIR 1962 SC 779 ref. Specific Relief Act (I of 1877)--- ----Ss. 8 & 54---Limitation Act (IX of 1908), Art.142---Civil Procedure Code (V of 1908), O.VIII, R.8---Suit,for possession of house owned by plaintiff and permanent injunction---Defendant (ex-wife) setting up claim for having maintained entire family, educating them and settling them in life without any financial help from husband who had divorced her---Considering positive contribution of defendant (wife) towards   providing stable and good family surrounding,…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register