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    PLD 2014 Lhr. 154 Imtiaz ALi (BALLB-V)

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    Maria Qadir
    This case concerns a constitutional petition seeking to set aside a judgment granting a wife past maintenance allowance and gold ornaments based on conditions in her Nikahnama (marriage contract). The trial court had decreed the wife's suit but was modified on appeal. The petitioner argued that the wife could not prove ownership of gold items and the conditions for maintenance payments and gold were only applicable if she was deserted, which did not occur. The court partly allowed the petition to the extent of imposing the gold ornament and maintenance conditions, finding those did not constitute an actionable claim, but dismissed the petition regarding the maintenance amount.

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    PLD 2014 Lhr. 154 Imtiaz ALi (BALLB-V)

    Uploaded by

    Maria Qadir
    68 views1 page
    This case concerns a constitutional petition seeking to set aside a judgment granting a wife past maintenance allowance and gold ornaments based on conditions in her Nikahnama (marriage contract). The trial court had decreed the wife's suit but was modified on appeal. The petitioner argued that the wife could not prove ownership of gold items and the conditions for maintenance payments and gold were only applicable if she was deserted, which did not occur. The court partly allowed the petition to the extent of imposing the gold ornament and maintenance conditions, finding those did not constitute an actionable claim, but dismissed the petition regarding the maintenance amount.

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    This case concerns a constitutional petition seeking to set aside a judgment granting a wife past maintenance allowance and gold ornaments based on conditions in her Nikahnama (marriage contract). The trial court had decreed the wife's suit but was modified on appeal. The petitioner argued that the wife could not prove ownership of gold items and the conditions for maintenance payments and gold were only applicable if she was deserted, which did not occur. The court partly allowed the petition to the extent of imposing the gold ornament and maintenance conditions, finding those did not constitute an actionable claim, but dismissed the petition regarding the maintenance amount.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    68 views1 page

    PLD 2014 Lhr. 154 Imtiaz ALi (BALLB-V)

    Uploaded by

    Maria Qadir
    This case concerns a constitutional petition seeking to set aside a judgment granting a wife past maintenance allowance and gold ornaments based on conditions in her Nikahnama (marriage contract). The trial court had decreed the wife's suit but was modified on appeal. The petitioner argued that the wife could not prove ownership of gold items and the conditions for maintenance payments and gold were only applicable if she was deserted, which did not occur. The court partly allowed the petition to the extent of imposing the gold ornament and maintenance conditions, finding those did not constitute an actionable claim, but dismissed the petition regarding the maintenance amount.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    Complete Case Judgment http://www.plsbeta.com/LawOnline/law/casedescription.asp?casedes=...

    P L D 2014 Lahore 154

    Before Ali Baqar Najafi, J

    MUHAMMAD SHIRAZ---Petitioner

    Versus

    ADDITIONAL DISTRICT JUDGE, GUJJAR KHAN and others---Respondents

    Writ Petition No.4734 of 2010, decided on 24th May, 2013.

    (a) West Pakistan Family Courts Act (XXXV of 1964)---

    ----S. 5, Sched---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for recovery of


    maintenance allowance and jewellery---Conditions of Nikahnama---Scope---Husband filed suit for
    restitution of conjugal rights whereas wife filed suit for recovery of maintenance allowance and for
    implementation of conditions imposed in Nikahnama---Trial Court decreed suit of wife which was
    maintained by the Appellate Court with certain modifications---Validity---Plaintiff-wife could not prove
    that she had any other gold ornaments except 7-tolas gold bangles which allegedly were already taken by
    husband with the promise that he would purchase gold ornaments of equal weight for her---Plea of wife
    that 10-tolas gold ornaments were the same which were given to her on the eve of marriage vide clause 17
    of Nikahnama and was to be retained by her but same were not purchased by him as promised---
    Maintenance fixed and conditions for payment of amount under clause 20 of Nikahnama were to be made
    applicable only on the desertion of plaintiff-wife---Condition for payment of amount on desertion did not
    become operative in presence for decree of restitution of conjugal rights---Clause 17 of Nikahnama
    imposing condition did not come within the ambit of actionable claim---Constitutional petition, in
    circumstances, was partly allowed to the extent of imposition of clause 17 and claim under clause 20 of
    Nikahnama and was dismissed to the extent of maintenance.

    Sakina Bibi v. Muhammad Latif and others 2003 YLR 1006 rel.

    Arshad Ali v. Additional District Judge Vehari and others 2002 CLC 1450 and Muhammad Akram
    v. Mst. Hajra Bibi and 2 others PLD 2007 Lah. 515 distinguished

    (b) West Pakistan Family Courts Act (XXXV of 1964)--

    ----S. 5, Sched.---Transfer of Property Act (IV of 1882), 130---Transfer of actionable claim---Scope---


    Clause 17 of Nikahnama imposing condition did not come within the ambit of "actionable claim".

    Sakina Bibi v. Muhammad Latif and others 2003 YLR 1006 rel.

    Raja Saghir-ur-Rehman for Petitioner.

    S. Mansoor Hussain Bukhari for Respondents Nos. 3 and 4.

    Date of hearing: 24th May, 2013.

    JUDGMENT

    ALI BAQAR NAJAFI, J.---Through this constitutional petition, the petitioner seeks setting aside
    of the judgment and decree passed by the learned Additional District Judge, Gujjar Khan, whereby
    respondent No.3 was granted past maintenance allowance at the rate of Rs.2000/- per month and 10-Tolas
    of gold ornaments on the basis of clause (17) of Nikahnama.

    1 of 1 19/12/2019, 14:31

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