PROCEDURE OF COURT MARRIAGE IN PAKISTAN

Court marriage in Pakistan

It is the right of every male and female to conduct court marriage in Pakistan. Advocate Zahid Sultan is an expert in conducting the procedure of court marriage in Pakistan. Where a male and female wish to live together as married couples can go through the court marriage procedure in Pakistan. Advocate Zahid Sultan is the best court marriage lawyer in Haripur who provides the services of court marriage in Haripur Pakistan. We register the marriage and provide complete legal protection from the courts as per court marriage rules in Pakistan. Rules of court marriage are completely followed by our court marriage advocate as per the court marriage act. So if you are looking for a lawyer for court marriage legal services then you are at the right place as we conduct the court marriage procedure in Haripur Pakistan. We will get your court marriage papers ready within no time. Court marriage is allowed in Islam and law and it’s a legal right of any male and female. Court marriage law completely favors the male and female who wishes to get married according to their choice and will. If you have any questions as to how to do court marriage in Pakistan or how does a court marriage work you can feel free to contact us and we will be happy to guide you regarding the benefits of court marriage.

The procedure of court marriage in Pakistan:
The procedure of court marriage in Pakistan is simple. All you need to do is to visit our court marriage office in Haripur with the required court marriage documents list. Pay the court marriage charges and leave the rest on us. Once you visit our office we will conduct your court marriage ceremony and have your marriage registered. Once your marriage is registered we will take you to the court for legal protection orders. Court marriage procedure in Pakistan involves lots of technicalities. Only family law experts like us deals with it in the best way. In the world of specialization family experts like us deals in court marriage cases in Pakistan in a better way. We have court marriage experience of more than a decade now. We are among the pioneer family law firms.

Court marriage in Haripur Pakistan:

Our office is in Haripur so we provide the court marriage services in Haripur only. It does not matter from which area of Pakistan you belong to. If you wish to avail our services you have to visit our office. You may belong to any city but if you visit our office we will provide you the services of court marriage. Clients visit our office from all over Pakistan and we feel proud to say that we have happy costumers all over the country and even abroad.

Age limit for court marriage in Pakistan:

Normally the court marriage age is 18 years or above but under exceptional circumstances, you can get married. In KPK, Balochistan and Sindh province the age of marriage should be at least 18 years but in Punjab province, the court marriage age is still the age of puberty. Normally for the court marriage boy age should be 18 and for the court marriage, the girl age should also be 18 years. However, if you are not at the age of 18 you can contact us and we will let you know if legally any possibility exists. There is no maximum age limit for court marriage in Pakistan.

Documents required for court marriage in Pakistan:

There are no formal documents required for court marriage in Pakistan. The only document required for court marriage is the identity card of both males and females. The court marriage documents list is given below.

If you have a copy of the ID card of both then we don’t need any further documents.
In case you don’t have an Id card then you may bring any document with you which shows your date of birth like you metric result card, B form, birth certificate, etc.
In case if you don’t even have any such documents still we can conduct your court marriage based on two passports size pictures.
In case you are not a Pakistani national than for court marriage documents required are Passport and visa entry page.

Court marriage time period:

The maximum court marriage time period is two hours. It hardly takes a couple of hours to finish the complete process of court marriage in Pakistan. In these two hours your court marriage ceremony takes place, your marriage is registered and your statement is recorded in court and you get complete legal protection also. We are experts in conducting court marriages and we wind up the complete process of court marriage within two hours.

Court marriage witnesses:

At least two court marriage witnesses are required for the registration of marriage. We as professional knows that lots of privacy are involved in it so most of the clients don’t want to involve anyone in this issue so even if you don’t have witnesses do not hesitate to contact us. We will also provide you court witnesses to complete your court marriage procedure in Pakistan.

Court marriage fee in Pakistan:

The court marriage fee in Pakistan varies as per the nature of the case. Not every court marriage is simple. We all know that how many millions we spend on our marriage so in which city you may be the court marriage is the cheapest of all where you get married in just a few thousand. Court marriage cost in Pakistan is the cheapest of all. You just have to pay your lawyer and he will bear the complete court marriage expenses in Pakistan. Court marriage total fees include court expenses and lawyers fees. We have kept economical court marriage charges for all so that everyone may avail of our services. For complete court marriage fees please contact us and discuss your case and we will quote you accordingly.

FREQUENTLY ASKED COURT MARRIAGE QUESTIONS

Who prepares court marriage application?
The lawyer you hire for the services prepares court marriage application. Each client has a separate issue so each application is prepared as per the nature of the case. It is advised not to conceal anything from your lawyer and tell him every minute detail so that he can prepare your case accordingly.

What are the rules of court marriage in Pakistan?
There are lots of books on the rules of court marriage in Pakistan. These books cannot be copy-pasted here so leave the work on the expert you have hired and let him complete the process. No lawyer can teach you the rules in just one sitting or at one web page as it is not possible so believe in your lawyer and let him do the job on which he is an expert. Your lawyer knows the court marriage rules in Pakistan so always hire a professional expert like us so that you may not face any trouble.

Who is a court marriage advocate?

You are already on the web page of a court marriage advocate in Haripur. A family case advocate like us, deals in the cases of court marriage. If you wish to hire the services of court marriage then always hire a family case expert like us.

Where to find a court marriage lawyer?
You have already found a court marriage lawyer in Haripur. You can contact us by taking our contact information mentioned here. You also have our contact number on the webpage. All you need is to pick up your mobile and dial the contact number of Advocate Zahid Sultan

Where to get court marriage papers?
You don’t get court marriage papers from the supermarket. When you hire an expert like us discuss your case in detail and he will prepare the court marriage papers for you according to the nature and circumstances of your case.

Is court marriage allowed in Islam?
A court marriage is allowed in Islam. We always say that we are legal experts and not religious scholars. A religious scholar can answer a religious question and a lawyer can guide you legally only. In court marriage also we follow the complete principles of Islam. Most people ask us how come it is valid without a wali and we always answer them then marriage is between male and female not between the walis. In the faraiz of marriage, the consent of male and female is required and not the consent of parents of the parties concerned. A female who is a major doesn’t need the consent of her parents to get into a marriage.

Where the court marriage ceremony is conducted?
The court marriage ceremony is conducted in our office and it better to have the ceremony in office as it maintains the privacy of the client. We all know that court premises are not comfortable for the females especially when the matter is of court marriage. Most of the marriage ceremonies turn to worst when it is done in court premises so we always conduct the marriage ceremony at our office in a comfortable manner in which the privacy of clients is completely maintained and secured. We have an office in a posh area of Haripur so that our clients could enjoy the marriage ceremony rather than getting into a discomfort.

How many court marriage cases in Pakistan we have conducted?
We have conducted hundreds of court marriage cases in Pakistan. Since 2015 as an average we conduct a court marriage daily.

What are court marriage requirements?
Court marriage requirements in Pakistan include a male and female and the required documents as mentioned above. Rest is the work of your lawyer.

What court marriage protection in Pakistan we get?
Court marriage protection in Pakistan includes the statement before the court. Statement that she is conducting this marriage with her free will and without any coercion and duress and no one has kidnapped her etc. Court records the statement and give protection orders. Please bear in mind that courts are not going to provide security guards for your protection The only protection you get from the courts are the orders due to which you don’t get involved in frivolous litigation from the parents of your wife.

Where can I get court marriage details?
You are already on a web page reading the court marriage details. Still, if you have any questions not mentioned here you can us directly.

What should be the court marriage date?
It is not the lawyer who will decide the court marriage date for you. You have to decide the court marriage date yourself. All you have to do is to timely inform us at least one hour before so that we can make some arrangements for you which will save your and our time.

Do you have a court marriage experience?
We are family lawyers practicing since 2015 and we have a vast court marriage experience as it is our daily routine case.

What is court marriage eligibility?

The only court marriage eligibility is a male and female with the required documents as mentioned above. Marriage should be with the free will and the age should be at least 18 years. Even if you are not 18 years, contact us we will guide you accordingly.

What is the high court marriage decision?
High court marriage decision is very clear that the court marriage cannot be challenged at any forum.

Can I have a court marriage near me?
Our office is at the heart of Haripur, so it is easily accessible to everyone. Still, if you have a question that can I have court marriage near me will be shocking as it is your marriage and if you don’t even have a couple of hours for your marriage is a matter of serious concern.

Is court marriage online registration possible?
Yes court marriage online registration is possible.

Can I have a court marriage on Saturday?
Yes, you can have court marriage on Saturday and Sunday also subject to certain restrictions.

Is court marriage for lovers safe?

Yes, court marriage for lovers is safe as you get protection from the court.

Where to go for a court in Pakistan?

For your question about where to go for court marriage in Pakistan, the answer is that you need to visit our office at Judicial Complex Haripur or you can contact us via Whatsapp and we will arrange a meeting.

What are Court marriage terms and conditions?
Court marriage terms and conditions are decided by the bride and from and not by the lawyer. As per law marriage is a contract and in marriage, both the parties to the contract have to decide the terms and the conditions. The marriage form there is a column of terms and conditions if the bride and groom have a specific condition they can mention in it provided that such terms and conditions are not against the law or do not violate or infringes the right of any party.

Can court marriage without notice be done?
Yes, court marriage without notice can be done. Not notice is sent in any court marriage. We know that privacy matters a lot in the court marriage cases, so we never send any notice to anyone. No notice is sent ever to anyone by any professional lawyer.

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Email: advzahidsultan@gmail.com

__SUPREME COURT__

1. 184(1) Original jurisdiction in inter-governmental disputes, issues declaratory judgements;

2. 184(3) Enforcement of Fundamental Rights involving an issue of public importance;

3. Art 185(2) Appeal from judgment/order of High Court in criminal cases, tried in original and/or appellate capacity and having imposed death penalty or life imprisonment;

4. Art 185(2) Appeal in civil cases when the value of claim exceeds fifty thousand rupees;

5. Art 185(2) Appeal when High Court certifies that the case involves interpretation of the Constitution;

6. Art 185(3) Appeal (subject to grant of leave) from High Court judgment/order;

7. Art 186 Advisory jurisdiction on any question of law involving public importance referred by the President;

8. Art 187 To issue directions/orders for doing complete justice in a pending case/matter;

9. Art 188 To review any of its own judgment/order;

10. Art 204 To punish for its contempt;

11. Art 212 Appeal from Administrative courts/tribunals; and

12. Art 203F Its Shariat Appellate Bench hears appeals from judgements/orders of Federal Shariat Court.

__FEDERAL SHARIAT COURT__

1. Art 203-D To determine whether a provision of law is repugnant to the Injunctions of Islam;

2. Art 203 DD Revisional Jurisdiction in cases under Hudood laws;

3. Art 203 E To review its judgment/order;

4. Art 203 E To punish for its contempt; and

5. Under Hudood laws, hears appeals from judgment/order of criminal courts.

__HIGH COURT__

1. Art 199(1) to issue 5 writs namely mandamus, prohibition, certiorari, habeas corpus and quo warranto;

2. Art 199(2) Enforcement of Fundamental Rights;

3. Art 203: To supervise/control subordinate courts;

4. Art 204: To punish for its contempt;

5. To hear appeal under S.100 of CPC;

6. To decide reference under S.100 of CPC;

7. Power of review under S.114 of CPC;

8. Power of revision under S.115 of CPC;

9. Appeals under S.410 of Cr.P.C;

10. Appeals against acquittal under S.411-A(2) of Cr.P.C

11. Appeals against judgment/decree/order of tribunals under special laws;

12. To issue directions of the nature of habeas corpus under S.491 of Cr.P.C;

13. Power of revision under S.439 Cr.P.C

14. Hedge Inter-Court appeal at Lahore High Court and High Court of Sindh,

__DISTT. & SESSIONS JUDGE/ADDL. DISTT. & SESSIONS JUDGE__

1. Appeal against judgment/decree of a Civil Judge under S.96 of CPC;

2. Appeal against order under S.104 of CPC;

3. Power of revision under S.115 of CPC;

4. Original jurisdiction in suits upon bills of exchange, hundies or promissory notes under Order XXXVII of CPC;

5. Murder trial under S.265 of the Cr.P.C;

6. Criminal trial under Hudood laws;

7. Appeals under S.408 of Cr.P.C;

8. Power of revision under S.439-A of Cr.P.C;

9. To issue directions of the nature of habeas corpus under S.491 of Cr.P.C; and

10. Decides pre-arrest bail applications under S 498 of the Cr. PC.

11. Being An exofficio Justice of the Peace may issue appropriate directions to the police authorities concerened on a complaint regarding (i) nonregistration of a criminal case; (ii) transfer of investigation from one police officer to another; and (iii) neglect, failure or excess commited by a police authority in relation to its functions and duties.

__CIVIL JUDGE 1ST CLASS__

1. To try all civil suits, there is no pecuniary limit on its jurisdiction;

2. In certain jurisdictions also designated as Rent Controller;

3. In certain jurisdictions also designated as Judge, Family Court;

__CIVIL JUDGE 2ND CLASS_

1. To try civil suit up to the value of Rs. 50,00,00/- ( Rs. 5- Million) ; and

2. In certain jurisdictions designated as Rent Controller/Judge, Family Court.

_CIVIL JUDGE 3RD CLASS_

To try civil suit up to the value of Rs. 10,00,000/- ( Rs. 1-Million)

__MAGISTRATE 1ST CLASS_

1-To try offences punishable up to 3 years imprisonment and forty-five thousand rupees fine.
2- As Mobile Court under S. 12 Cr.P.C

3- As Judicial Magistrate under S 14 Cr.P.C As Area Magistrate to handle
i- Remands
ii- Discharge Reports etc

__MAGISTRATE 2ND CLASS__

To try offences punishable up to 1 year.

__MAGISTRATE 3RD CLASS_

Fifteen thousand rupees fine

__Magistrate empowered under S.30 of Cr.P.C.__
To try All offences not punishable with death.
But can't pass a sentence of death or imprisonment exceeding 7 years.

Citation Name: PLJ 2004 Lahore High Court 1535
Appelant Side: UM-A-TAMEEM alias SAMINA BIBI & another
V e r s u s
Opponent Side: S.H.O., POLICE STATION TANDLIANWALA DISTT. FAISALABAD & two others
Judge Name: M. BlLAL KHAN

--s. 7-offence of zina (enforcement of hudood) ordinance 1979 (vii of 1979), ss. 10. 16-constitution of pakistan, 1973-art. 199-offence of zina--quashment of fir-constitutional petition-failure to send notice of talak to chairman union council-effect-petitioner claims that on strength of divorce deed she had contracted valid and legitimate marriage which is perfectly legal-fact that notice of talak was not sent to chairman union council will not render talak ineffective-continuation of proceedings in fir shall not serve any useful purpose and will clearly amount to abuse of process of law-held further: respondent no. 3 if aggrieved may agitate matter before appropriate forum which is judge family court in instant case-petition allowed.

Citation Name: PLJ 2003 Peshawar High Court 132
Appelant Side: Mst. JAMILA BANO
Versus
Opponent Side: MIRZA MUHAMMAD and 2 others
Judge Name: MALIK HAMID SAEED AND SHAH JEHAN KHAN,

-art-199~recovery of minor children-learned courts below not only have deprived real mother from custody of minor children on sole ground of poverty but on the other hand have misread evidence wherein it is categorically stated that children in possession of mother are happy and receiving proper education-though minors are studying in government school in 7th class and 4th class respectively but it is also in evidence that father of children is a crane operator in tarbela dam project, who in his meagre pay without any other source of income could not be expected to impart education to children in some high standard educational institutions-hence education of minor children in custody of mother is property going on according to her resources and maintenance allowance which she received from husband for them-moreover, father of minor children has contracted two other marriages and in presence of two step mothers in same house, welfare of minors cannot be stated to be safe than in custody of her real mother-law gives custody of a child which is too young to be independent of own's help in feeding, clothing and like, for boy limit is fixed at 7 years, but right of custody of father is required to be instituted solely for benefit of minor and in absence to that right cannot be conferred on father at all costs-mother is best guardian for her minor children unless it is proved that she has married a man who is not closely related to minor, or she lives a life of open immorality or her occupation by such as to make it difficult for her to look after child properly-all above factors goes in favour of mother-neither she has contracted marriage nor her character and occupation is such that i custody of minors could be refused to her-custody of minors given to mother.

Citation Name: PLJ 2003 Peshawar High Court 149
Appelant Side: MUHAMMAD ANWAR
V e r s u s
Opponent Side: TAHIRA JABEEN and 3 others
Judge Name: MALIK HAMID SAEED AND LTAZ-UL-HASSAN,
Judgment Result:Petition dismissed

-s. 5 & sched-constitution of pakistan (1973), art. 199-concept of marriage in islam explained-spouses must live within parameters laid down by islam-parties must separate if those parameters were transgressed-petitioner has contracted second marriage during subsistence of first marriage and was living with his second wife without providing maintenance to his first wife/respondent and daughter-dispute between couple is with regard to 14 tolas of gold which belongs to wife and husband is refusing to return same to her-courts below having decreed respondents-suit to that extent, high court would not interfere with same in exercise of its constitutional jurisdiction.

Citation Name: PLJ 2003 Peshawar High Court 329
Appelant Side: MUHAMMAD AAMIR and another
V e r s u s
Opponent Side: Mst. SHABANA NISAR and 2 others
Judge Name: MUHAMMAD QAIM JAN KHAN
Judgment Result:Petition dismissed

--s. 5 & sched.-constitution of pakistan (1973), art. 199-respondent wife's suit for recovery of dower, maintenance and dissolution of marriage decreed by two court's below, assailed-'-evidence on record being on factual matters was thrashed by two courts below-conduct of father of petitioner makes it crystal clear that plot of land was entered in dower deed in nikahnama and subsequently such entry was denied by petitioner while admitted by his father-petitioner did not appear in family court for conciliation proceedings-all such factors does not entitle petitioner to avoid concurrent decree, and judgment of two courts of competent jurisdiction in discretionary jurisdiction of high court, therefore his constitutional petition against the same was dismissed.

Citation Name: PLJ 2003 Supreme Court 309
Appelant Side: MUHAMMAD ISHAQUE and another
V e r s u s
Opponent Side: Mst. MANZOORAN BIBI alias SHAHIDA PARVEEN
Judge Name: JAVED IQBAL, KHALIL-UR-REHMAN RAMDAY AND KARAMAT NAZIR BHANDARI
Judgment Result:Appeal dismissed.

--s. 3--plaintiff granted permission to defendant to contract second marriage on the condition that defendant would continue to pay specified amount per month as maintenance and also transfer one residential room and one shop part of the house-plaintiffs suit was dismissed by two courts below on the ground that agreement in question, was not enforceable as there was no consideration and that the same was violative of s. 27 of contract act, 1872-high court, however, decreed plaintiffs suit on the ground that grant of permission to marry was valid consideration for agreement to transfer specified property-high court had rightly interfered in exercise of revisional jurisdiction-judgment and decree of high court was maintained in the circumstances.

Citation Name: PLJ 2003 Cr.C 617
Appelant Side: MUHAMMAD YOUNAS
V e r s u s
Opponent Side: STATE
Judge Name: CH. IFTIKHAR HUSSAIN,
Judgment Result:Bail granted.

--s. 497 (2)"bail"further inquiry-offence u/ss. 10/16 offence of zina (enforcement of hudood) ordinance, 1979-allegation against petitioner is that he abetted his co-accused in enticement or taking away a girl and thereafter had also subjected her to zina-bil-jabr-allegea abductee denied allegation of her enticement or zina with her by any one in a affidavit before police-abductee also filed suit for dissolution of marriage against her husband-in the same too, she did not level any allegation of the sort against any one-on police record there are apparently divergent statements in respect of the matter-so, it is yet to be seen that if petitioner had abetted his co-accused in her enticement or taking away or committed zina-bil-jabr with her-petitioner's case covered under sub section (2) of section 497 cr.p.c. requiring further inquiry into his guilt- petitioner was behind bars and stated to be previously non-convict-bail granted in the circumstances.

Citation Name: PLJ 2003 Cr.C 642
Appelant Side: WAQAR AHMAD and another
V e r s u s
Opponent Side: STATE
Judge Name: M. JAVED BUTTAR
Judgment Result:Pre-arrest bail declined.

-s. 498-bail before arrest-offence u/s. 364/109 ppc--contention that case against petitioners was false, alleged abductee was divorced by petitioner on 19.6.2001 and she went missing, on her own, from \ 20.6.2001 by leaving the house of petitioner-he does not know her whereabouts and the petitioners have been involved falsely by the in-laws of petitioner because he has divorced his former wife; present wife of petitioner has been falsely involved because the petitioner contracted marriage with her against the wishes of his former wife-a grown up woman is missing from the house of petitioner-it is alleged by the complainant that she has been done away by the petitioners with the connivance of her mother-petitioners have failed to satisfactorily explain the whereabout of the abductee-it is a very serious allegation of the commission of a henious offence and so far there is no material available on the record to justify the grant of pre-arrest bail to the petitioners--pi-e- arrest bail declined in the circumstances

Citation Name: PLJ 2003 Cr.C 913
Appelant Side: MUHAMMAD ISHTIAQ
V e r s u s
Opponent Side: STATE
Judge Name: SARMAD JALAL OSMANY
Judgment Result:Bail granted.
--s. 497(2)-bail-grant of--prayer for--case of further inquiry-offence of zina (enforcement of hudood) ordinance (vii of 1979), s. 10(2)-- whether or not female with whom accused had claimed to have married, was divorced earlier by her husband, was a question of further inquiry and only trial court could establish such fact-f.i.r. was delayed by three years for which no reasonable explanation was given-f.i.r. having been lodged after consultation-tentative conclusion was borne out by fact that some difference of opinion existed on religious matters between accused and complainant-both accused and female who allegedly had contracted marriage soon after divorce were living together as husband and wife-- prima facie, its hardly a case of zma--accused was entitled to bail in the circumstances. .

Citation Name: PLJ 2003 Cr.C 1016
Appelant Side: RUKHSANA KAUSAR and another
V e r s u s
Opponent Side: STATE
Judge Name: CH. IFTIKHAR HUSSAIN
Judgment Result:Bail confirmed.

-ss. 497(2) & 498-bail before arrest-prayer for confirmation-offence of zina (enforcement of hudood) ordinance, 1979 (vii of 1979), s. 10/16-petitioner enticed away female accused who was legally wedded wife of complainant--allegation of-female accused present in court had stated that she was never married to complainant and had lawfully married male accused; she had brought suit for jactitation of marriage against complainant before family court which was pending adjudication and that she had also filed constitutional petition for quashment of criminal case against her which was pending adjudication-female accused had also stated that nobody had enticed or taken her away and that she was living happily with male accused of her own free-will and consent-case being of two nikahs as to which out of those was genuine, was a question which could be more appropriate gone into family court-police function was only to collect material/evidence and not to opine about validity or otherwise of nikahnama-case of accused persons, in circumstances, was fully covered under sub-section (2) of s. 497, cr.p.c. calling for further inquiry into their guilty-accused had joined investigation-interim pre- arrest bail confirmed.

Citation Name: PLJ 2003 Cr.C 1019
Appelant Side: Mst. HAJIRAN BIBI
V e r s u s
Opponent Side: STATE
Judge Name: CH. IFTIKHAR HUSSAIN
Judgment Result:Bail granted.

-s. 497(2)-petitioner woman seeks post arrest bail in a case registered under offence of zina (enforcement of hudood) ordinance, 1979 (vii of 1979), s. 10/16-case of further inquiry-accused allegedly was enticed away by her co-accused and case against accused was got registered after about 13 days from alleged incident-accused alongwith her bail application had attached copy of plaint of suit for dissolution of marriage which she filed against complainant 9 days prior to registration of criminal case against her-accused, in said plaint had averred that complainant had kicked her out from his house about 2-1/2 years prior to institution of suit for dissolution of marriage against complainant-said suit was pending adjudication before competent family court-no direct evidence of zina was against accused and it was yet to be seen if she could be held liable for alleged offence of zina-case of accused, in circumstances, was covered under sub-section (2) of s. 497, cr.p.c. calling for further inquiry-accused was mother of five children-bail ..: granted.

Citation Name: PLJ 2003 Lahore High Court 504
Appelant Side: GHULAM FARID
V e r s u s
Opponent Side: ADDITIONAL DISTRICT JUDGE LODHRAN and others
Judge Name: FARRUKH LATEEF
Judgment Result:Petition dismissed.

--s. 5 & sched.-non-consolidation of suit for restitution of conjugal rights with suit for jactitation of marriage-effect-suit for jactitation of marriage was on evidence stage when suit for restitution of conjugal rights was filed-apart from that family court was not bound to have consolidated suit for restitution of conjugal rights with that of jactitation of marriage in as much as identical questions of law and facts were not involved.

Citation Name: PLJ 2003 Lahore High Court 504
Appelant Side: GHULAM FARID
V e r s u s
Opponent Side: ADDITIONAL DISTRICT JUDGE LODHRAN and others
Judge Name: FARRUKH LATEEF
Judgment Result:Petition dismissed.

-ss. 10 & 12-pre-trial and post trial re-conciliation proceedings not conducted-effect-reconciliation proceedings would be necessary where marriage admittedly subsists-in suit for jactitation of marriage existence of valid marriage was denied-reconciliation proceedings in such a case would thus be meaningless-pre-trial re-conciliation were, however, conducted, while after conclusion of evidence which were un-rebutted, it had become apparent that no valid nikah between parties subsisted-post reconciliation proceeding in such case were not considered necessary- non-compliance of provisions of sections 10 and 12 of family courts act 1964, does not constitute a ground for exercise of constitutional jurisdiction when such objection was not raised in appeal before appellate court,

Citation Name: PLJ 2003 Lahore High Court 217
Appelant Side: MUHAMMAD RAMZAN
V e r s u s
Opponent Side: ALLAH DITTA and another
Judge Name: ABDUL SHAKOOR PARACHA
Judgment Result:Appeal dismissed.

--0. xxxtx, rr. 1 & 2-grant of interim injunction subject to payment of balance amount in suit for specific performance of agreement to sell was neither fanciful nor illegal-grant of injunction, on the contrary was fair, just and equitable in as much as, value of property in possession of appellant was increasing while money which was to be deposited by appellant was being devalued day by day with passage of time and vendor was put to un-necessaiy restriction by way of restraining order without deposit of money to sell property even to met his domestic needs like marriages, or to meet expenses of his children or to meet liis domestic problems which was not fair-no interference was thus, warranted in impugned order.

Citation Name: PLJ 2003 Lahore High Court 227
Appelant Side: Mst. SAIQA
V e r s u s
Opponent Side: ADDITIONAL DISTRICT JUDGE, RAWALPINDI and 2 others
Judge Name: TANVIR BASHIR ANSARI
Judgment Result:Order accordingly.

- -marriage-consideration is pre-condition and pre-requisite for valid matrimonial contract in absence whereof relationship between man and his wife could not be legitimised and same would be regarded as a sinful union.

Citation Name: PLJ 2003 Lahore High Court 227
Appelant Side: Mst. SAIQA
V e r s u s
Opponent Side: ADDITIONAL DISTRICT JUDGE, RAWALPINDI and 2 others
Judge Name: TANVIR BASHIR ANSARI
Judgment Result:Order accordingly.

--s. 5 & sched.-constitution of pamstan (-1973), art. 199--trial courts decreed for dissolution of marriage through khula in favour of wife was maintained, howevej condition placed by trial court that petitioner must return paid dower amount arid forego un-paid dower amount and also to forego decreed maintenance allowance was declared to be without legal effect.

Citation Name: PLJ 2003 Lahore High Court 309
Appelant Side: Mst. SAIQA
V e r s u s
Opponent Side: ADDL. DISTRICT JUDGE etc.
Judge Name: TANVIR BASHIR ANSARI
Judgment Result:Petition accepted.

-s. & sched.-petitioner was found entitled to dissolution of marriage on the basis of khula, in consideration whereof she was directed by family court to return dower amount already received and forgoing of remaining dower amount and maintenance allowance-legality-dower is a settlement in favour of wife made prior to completion of marriage a contract and is a pre-condition of a valid marriage-payment of dower is indispensible so much so that in its absence relationship between man and wife could not be legitimized and would be regarded as a sinful union-gift or benefit on other hand which is to be restored to husband by wife in lieu of obtaining khula is in essence a gratuitous offering which may be bestowed by husband on wife is merely voluntary in nature- dower whether paid or un-paid can never be in the nature of a benefit or gift which is liable to be restored in consideration for granting khula divorce-impugned judgment passed by trial court was thus, not sustainable to the extent that it makes grant of khula subject to condition of repayment of paid amount of dower by wife to husband and to obligate her to forego unpaid dower amount-impugned judgment and decree was thus, liable to be modified to that extent.

Citation Name: PLJ 2003 Lahore High Court 309
Appelant Side: Mst. SAIQA
V e r s u s
Opponent Side: ADDL. DISTRICT JUDGE etc.
Judge Name: TANVIR BASHIR ANSARI
Judgment Result:Petition accepted.

-s. 9 & sched-constitution of Pakistan (1973), art. 199-decree for dissolution of marriage through khula in favour of petitioner was maintained and condition as placed by family court to forgo paid and unpaid dower amount and also maintenance allowance was declared to be without lawful authority and of no legal effect.

Citation Name: PLJ 2003 Lahore High Court 1240
Appelant Side: SABA RIAZ
V e r s u s
Opponent Side: NAZIM/CHAIRMAN ARBITRATION COUNCIL, GULBERG LAHORE and another
Judge Name: MRS. NASIRA IQBAL
Judgment Result:Petition accepted.

--s. 7--constitution of pakistan (1973), art. 199--notice of talaq issued by chairman arbitration council on behalf of respondent assailed by petitioner-petitioner claimed that both parties were citizens of u.s.a; had contracted marriage in u.s.a., therefore, respondent chairman lacks jurisdiction to issue such notice-parties being american citizens, they would by covered by law of state where their marriage was contracted and all disputes relating therefrom including proceedings of divorce would be governed by law of state of oklahama (u.s.a), therefore, respondent chairman has no jurisdiction to entertain, notice sent to him by husband of petitioner regarding divorce that he had pronounced on petitioner-proceeding conducted by respondent chairman were declared to be without lawful authority and of no legal effect.

Citation Name: PLJ 2003 AJ&K Court 116
Appellant Side: CINDY PARKER SECOND SECRETARY COUNSELLOR SECTION, BRITISH HIGH COMMISSION, DIPLOMATIC ENCLAVE, RAMN
V e r s u s
Opponent Side: SAEED SALEEM and 5 others
Judge Name: SYED MANZOOR H. GILANI
Judgment Result:Petition accepted.
--s. 44--factum of marriage-marriage solemnized through coercion and force-marriage alone does not make her living or residing with her alleged husband legal or proper if the same was through force and against her free will and wish-union has to remain free of coercion and duress throughout not only at the time of marriage-where wife feels insecure and threatened to live with her husband, such fact amounts to illegal custody and detention, irrespective of validity or otherwise of marriage- detained lady was set at liberty and in view of her statement that she wanted to go to join her family jn england and holds british passport s.s.p. concerned was directed^ to safely escort the lady to british high commission and ensure air ticket and other necessary arrangements for her safe custody to england.

Citation Name: PLJ 2003 AJ&K Court 116
Appelant Side: CINDY PARKER SECOND SECRETARY COUNSELOR SECTION, BRITISH HIGRCOMMISSION, DIPLOMATIC ENCLAVE, RAMN
V e r s u s
Opponent Side: SAEED SALEEM and 5 others
Judge Name: SYED MANZOOR H. GILANI
Judgment Result:Petition accepted.

-s. 44-habeas corpus petition on behalf of a British national who was allegedly detained against her free will and wish-statement of detained lady before court was self speaking that she had been forcibly married and such fact was told by her to her husband whom she claimed she does not like nor wanted to marry him-perusal of statement of detained lady was clear enough to believe that she had been illegally and improperly detained though on the pretext of marriage which was forced and coerced marriage against her free will and wish-detained lady being sui juris, competent to understand convey and express her feelings is a british ^ national having british passport with pakistan visa-she admits that she had written letter to counsellor section of British embassy for seeking their help-illegal and improper detention of aggrieved lady would entitle her to be set free and being major was entitled to reside and live at any place of her choice

Citation Name: PLJ 2003 Sh.C-AJ&K 22
Appelant Side: NASIR PERVAIZ
V e r s u s
Opponent Side: SHAZIA QAYYUM
Judge Name: IFTIKHAR HUSSAIN BUTT
Judgment Result:Order accordingly

--ss. 10 & 12-non-compliance of provisions of ss. 10 & 12 in a suit for dissolution of marriage-non-compliance of provisions of ss. 10 & 12 of aj&k family courts act 1993 do not justify to set aside decree for dissolution of marriage passed by family court, in as much as, non- compliance thereof, was mere irregularity and same would not vitiate proceedings of family court

Citation Name: PLJ 2003 Sh.C-AJ&K 22
Appelant Side: NASIR PERVAIZ
V e r s u s
Opponent Side: SHAZIA QAYYUM
Judge Name: IFTIKHAR HUSSAIN BUTT
Judgment Result:Order accordingly

-.-schedule-appellants claim that he was entitled to return of specific articles and dower which he had given to respondent at time of 'nikah' was not decide by respondent-respondent was directed to return admitted articles and dower money in hew of fc/m/a--decree for dissolution of marriage on ground of khula was however, maintained.

Citation Name: PLJ 2003 Sh.C-AJ&K 22
Appelant Side: NASIR PERVAIZ
V e r s u s
Opponent Side: SHAZIA QAYYUM
Judge Name: IFTIKHAR HUSSAIN BUTT
Judgment Result:Order accordingly

-preamble-civil procedure code (v of 1908), s. 11-khula being recurring cause of action could not be hit by principle of res-judicata--wife cannot be compelled to live with her husband even if he obtains decree for restitution of conjugal rights-wife on basis of fresii £a,cts and circumstances can prefer suit for dissolution of marriage on basis of "khula" even though decree for restitution of conjugal rights was passed against her-dismissal of earlier suit on basis of "khula" would not debar wife to take up plea of "khula" in subsequent suit as plea of "khula" is a recurring cause of action.

Citation Name: PLJ 2003 Sh.C-AJ&K 22
Appelant Side: NASIR PERVAIZ
V e r s u s
Opponent Side: SHAZIA QAYYUM
Judge Name: IFTIKHAR HUSSAIN BUTT
Judgment Result:Order accordingly

-ss. 10 £ 12-suit for dissolution of marriage on basis of "khula"--representation of respondent through agent-aj&k family courts act 1993, does not take away right of a counsel or agent to appear and act for or on behalf of his client, therefore, bar cannot be created for a lady not to be represented through her duly authorised agent or counsel.

Citation Name: PLJ 2002 Quetta High Court 45
Appelant Side: Mst. RAZIA
V e r s u s
Opponent Side: ABDUL HAMEED and another
Judge Name: RAJA FAYYAZ AHMAD C. J., AND TARIQ MEHMOOD
Judgment Result:Case remanded.

--s. 5 & sched.--constitution of pakistan (1973), art. 199-appeal against dismissal of suit for dissolution of marriage was withdrawn by counsel df plaintiff on mistaken view of law-constitutional petition- maintainability-apart from the fact that appeal had been withdrawn by plaintiffs counsel from the court of district judge only on account of his negligence or carelessness, act and conduct of district judge in passing mechanical order on application for withdrawal of appeal, without realizing that factually appeal was rightly instituted or raising question of maintainability was also a factor which led to petitioner in withdrawing her appeal and consequently filing constitutional petition in high court- order of district judge allowing withdrawal of appeal was without lawful authority, effect of that order was that he had refused to exercise jurisdiction, which was actually vested in hinv-order of district judge in allowing withdrawal of appeal was declared to have been passed without lawful authority and of no legal effect-appeal filed before district judge would be deemed to have been validly instituted and pending-district judge was directed to decide plaintiffs appeal after providing opportunity of hearing to both parties.

Citation Name: PLJ 2002 Karachi High Court 66
Appelant Side: WALI HAIDER
V e r s u s
Opponent Side: Mst. PARVEEN and 2 others
Judge Name: FAIZ MUHAMMAD QURESHI,
Judgment Result:Petition dismissed

-s. 5 sched-constitution of pakistan (1973), art. 199-decree for dissolution of marriage granted by concurrent judgment of two courts below-validity-defendant's side was closed during proceedings by trial court on account of his conduct in as much as, he remained indifferent during trial-defendant neither appeared at the time when written statement was filed with the result that written statement was filed without verification nor did he produce his evidence-even after closing of his side be did not make any application for re-opening of his case, but preferred to argue his case through newly appointed counsel-no flaw in judgment was pointed out to show that the same suffered from any defect-no interference was warranted in judgments and decrees of courts below.

Citation Name: PLJ 2002 Karachi High Court 117
Appelant Side: HASHAM SADARUDDIN GANJI
V e r s u s
Opponent Side: IIND ADDL. DISTRICT JUDGE SOUTH KARACHI and others
Judge Name: WAHID Bux BROHI
Judgment Result:Petition dismissed

-r. 5--family court~jurisdiction~suit for dissolution of marriage filed in family court at karachi-defendant's plea that both parties being canadian citizens, court at karachi lack jurisdiction to entertain and try such suit-despite such plea defendant could not show that parties had lost their pakistani citizen ship-nikahnama was admittedly registered at karachi-plaintiff admittedly was not residing at the given address at karachi-marriage between parties having been solemnized in karachi under islamic law, second nikah at canada was exercise in futility- second nikah over and above existing valid nikah is not recognized in islam nor is judicial separation-if all the facts asserted by plaintiff were correct, she was justified in instituting suit in karachi.

Citation Name: PLJ 2002 Cr.C 997
Appelant Side: ZEESHAN AFZAL alias SHANI
V e r s u s
Opponent Side: STATE
Judge Name: ALI NAWAZ CHAUDHRY AND RUSTAM ALI MALIK
Judgment Result:Appeal dismissed

--s. 302--murder--offence of--conviction and sentence-appeal against-offence not seen by anyone-convict picked up in identification parade-recovery of stolen articles effected by police-motive not shown m, fir--effect of~appreciation of evidence-it is admitted fact that mst "s" deceased was paternal aunt of "z" accused/appellant whose mother had been divorced by his father-he himself in his statement u/s 342 cr.p.c. had stated that his father had contracted second marriage-in his aforesaid, statement he had further stated that his paternal aunt "s", deceased loved him and she wanted to marry his daughter "m" deceased with him, but other relatives took it ill and they did not like his visits to house of his aforesaid paternal aunt-it is correct that in fir there was no intention of alleged stolen articles-but we can also understand as to what was state of mind of complainant immediately after reaching his house when he saw dead bodies of his mother and sister lying in bath room with their throats cut with sharp edged weapon-only possible thing he could do at that moment was to shout, cry and to raise alarm-it could not be expected from him at that moment to check up household articles to find out as to whether any theft had been committed in house-conduct of complainant in that respect does not appear to be unnatrual-having failed to marry mst *m" daughter of his aunt, "z" accused/appellant could do anything, including murder of "mst". "m" and her mother-in original fir no notice was attributed to accused appellant-as such it was not necessary for prosecution to prove existence of motive-even most heinous offences are some times committed without existence of any motive-however, during trial, it did come to light that "z" accused/ appellant did have motive to committee offences in question-death sentence of appellant confirmed-appeal dismissed.

Citation Name: PLJ 2002 Cr.C 1463
Appelant Side: KHADIM HUSSAIN and another
V e r s u s
Opponent Side: STATE
Judge Name: ASIF SAEED KHAN KHOSA
Judgment Result:Bail granted.

-s. 497--offence of zina (enforcement of hudood) ordinance, 1979--s. 10& 16-pakistan penal code 1860 (xlv of 1860), ss. 467, 468 and 471-zina and abduction-offence of-grant of bail-prayer for-it is notdisputed that alleged enticee had already filed suit for jactitation ofmarriage against complainant which matter is still pending before family court-apparently, mst. "m" had throughout been maintaining that shehad contracted valid marriage with "f" co-accused and that her claimedmarriage with "a", complainant is sham and bogus-according to counsellor petitioner, MST. "m" has been living with her husband namely "f" co-accused since her marriage with him and from said wedlock a child has already taken birth which child is now 8/9 months old-role alleged against petitioners in fir is secondary in nature and admittedly alleged enticee has not been recovered from petitioner's custody during investigation-held: case against petitioners calls for further inquiry into their guilt within purview of sub-section (2) of s. 497 cr.p.c.-petitioners admitted to bail.

Citation Name: PLJ 2002 Cr.C 1482
Appellant Side: MUHAMMAD JAMSHED
V e r s u s
Opponent Side: STATE
Judge Name: CH. IFTIKHAR HUSSAIN,
Judgment Result:Bail granted

--s. 497-offence of zina (enforcement of hudood) ordinance, 1979 (vii of1979), ss. 10 & 16-bail-grant of-prayer for-case of two nikah-earlier nikah disowned-suit for jactitation of marriage under trial with familycourt-matter of further inquiry-firstly, it is case of two nikah-she has gone to competent family court for declaration of her nikah with "a" tobe forged and fictitious and ineffective-famly court is yet to deliver any . verdict in respect of same-secondly, she has owned her nikah with petitioner-admitteldy, there is also no direct evidence of zina against petitioner case covers u/s. 497(2) cr. p.c.-bail granted.

Citation Name: PLJ 2002 Cr.C 3
Appelant Side: GULZAR AHMAD and another
V e r s u s
Opponent Side: STATE
Judge Name: ASIF SAEED KHAN KHOSA
Judgment Result:Bail granted.

--s. 497 (1st) proviso-bail-offence u/s. 10(2)/11 offence of zina(enforcement of hudood) ordinance, 1979 read with s. 380 ppc-- contention that petitioners have duly contracted marriage with each other after petitioner no. 1 had divorced his previous wife-it is not disputed that no stolen property was recovered from petitioner's possession during investigation-challan has already been submitted and, thus, physical custody of petitioners is no longer required for purposes of investigation-petitioner no. 2 is a woman and her case attracts provisions of first proviso to sub-section (1) of section 497, cr.p.c.-bail granted.

Citation Name: PLJ 2002 Supreme Court 1090
Appelant Side: BALQISAM JANA and others
V e r s u s
Opponent Side: SALEEM ANWAR KHAN etc.
Judge Name: ABDUR RAHMAN KHAN AND MIAN MUHAMMAD AJMAL
Judgment Result:Appeal accepted.

-s. 5 & sched.--muslim family laws ordinance (viii of 1961), s. 6- constitution of pakistan (1978), art. 199-suit for maintenance-wife's contention was that her husband had married second wife, thus, she under the law was entitled to refuse to live with him and perform matrimonial obligations-husband's contention was that wife had withdrawn her application for amendment of plaint to add the ground of his second marriage without permission and its implication-supreme court, however, granted leave to appeal to examine in detail the relevant law as to whether wife could refuse to live with her husband and perform martial obligations on account of his second marriage.

Citation Name: PLJ 2002 Cr.C 651
Appelant Side: JAMIL ARSHAD
V e r s u s
Opponent Side: STATE
Judge Name: MIAN MUHAMMAD JAHANGIR AND M.A. SHAHID SIDDIQUI
Judgment Result:Appeal partly accepted.

-s. 302-b~murder~conviction and sentence-appeal against-although, accused has not taken up this plea in his statement under section 342 cr.p.c. but prosecution case itself suggests that mst. n (deceased) had contracted marriage with k (deceased) secretly more than a year prior to occurrence and then she left house of her parents about eight months thereafter-such unceremonious marriages in our social set up are not approved and often not accepted even by parents of spouses who fell humiliated and exposed to contempt and criticism-accused being nearst in degree to mst. n must have remained under constant mental torture, pinching him and compelling him to take revenge-he must have felt difficult to face his friends, relatives and other people of his locality-a sensible man in ordinary circumstances would not kill his own sister and brother-in-law-mother of accused has lost her daughter on one hand and in case sentence is not altered she would be losing her son also-k (deceased) also cannot be regarded as "muasoom-uddum" (as he was also responsible for violating out well established social norms and bring bad name not only to his own family but also to family of accused-death sentence altered to imprisonment for life.

Citation Name: PLJ 2002 Lahore High Court 1061
Appelant Side: REHMAT KHAN and others
V e r s u s
Opponent Side: MUHAMMAD (deceased) through his! Representatives and others
Judge Name: MAULVI ANWAR-UL-HAQ AND MIAN HAMTO FAROOQ
Judgement Result:Appeal dismissed.

---ss, 2 & 3--succession--entitlement of shares-suit for possession-decreed by trial court-challenge to~"c" was last male owner of suit land~his estate was mutated in the name of "r" his daughter and "s" widow of his predeceased son "k"~on marriage of "r" entire estate was mutated in name of "s" her l/4th share mutated in favour of her l. rs.~ "m" claimed his share in property being son of "r" and filed suit for possession-suit decreed in his favour-validity -limitation-question of-to being with it is admitted on all hands that on death of "c" mutation was attested and land was mutated in favour of "s" as widow of predeceased son and also "r" daughter of "s" as widow of predeceased son and also "r" daughter of "c"--having considered evidence on record it is agreed with trial court that "k" had pre-deceased "c" and that it was succession to estate of "c" which opened upon termination of limited estate of "s" widow of "k", "c" was last male owner of land and by virtue of section 2-a added to act v of 1962 by Punjab ordinance xhi of 1983, it shall be deemed that he inherited land under Muslim personal law-thus mst. "r" who was alive when "c" died would be titled to inherit \ share in estate of her father while remaining share goes to collaterals i.e. appellant and his brother-it stands established on record rather admitted that plaintiff was son of mst. 'r' daughter of 'c' in.terms of section 3 read with section 2-a of act, 1962-held : succession opened on 31.12.1962 and suit having been filed on 16.10.1974 was well within time.

Citation Name: PLJ 2002 Lahore High Court 1376
Appelant Side: SHAHID HAMEED JANJUA
V e r s u s
Opponent Side: ADDITIONAL DISTRICT JUDGE RAWALPINDI and another
Judge Name: AMJAD ALI
Judgment Result:Petition dismissed.
-petitioner had not challenged decree for dissolution of marriage in favour of his former wife-said decree has, therefore, become final-hence, at this stage, petitioner cannot find fault therein to say that amount of dower should have directed to be not due to his former wife-since decree for dissolution of marriage has already acquired finality, any modification by reversing to another decree cannot be made in former decree-even otherwise, it is well settled that dower is a debt and unless wife waives same, it is payable to wife-petitioner has not contested amount of dower and that same has not yet been paid to his former wife-he would, therefore, be liable to make payment of amount of dower, notwithstanding dissolution of marriage on basis ofkhula.

Citation Name: PLJ 2002 Lahore High Court 1459
Appelant Side: SIRAJ DIN and 2 others
V e r s u s
Opponent Side: KHUSHI MUHAMMAD (deceased) Through Legal Representatives
Judge Name: MIAN HAMID FAROOQ
Judgment Result:Revision accepted.

--s. 42 sale-deed in favour of defendants assailed by plaintiffs on the ground that plaintiffs had not executed sale-deed but marriage deed in favour of defendants and that sale-deed in question, was illegal, based on fraud and ineffective on the rights of plaintiff-plaintiffs however, could not produce lease deed or copy of the same, thus, only document which remained in the field was sale-deed-deferidants, besides producing registered sale-deed, produced scribe of sale-deed and one attesting witness thereof-defendants, thus proved execution of sale-deed while plaintiff failed to prove that they in fact, had executed mortgage deed and not sale-deed.

Citation Name: PLJ 2002 Lahore High Court 1470
Appelant Side: IJAZ AHMAD and others
V e r s u s
Opponent Side: AKBAR ALI and 6 others
Judge Name: ABDUL SHAKOOR PARACHA
Judgment Result:Revision accepted.

-s. 3-limitation act (ix of 1908), art. 120-civil procedure code (v of 1908), s. 115-females holding limited estate was married in 1955-56- interest of such females as limited owners was extinguished on account of their marriage-plaintiffs claiming their title to such estate were required to file suit within 6 years of termination of limited estate-suit filed by plaintiff on 26.11.1987 was barred by limitation-findings of courts below in decreeing plaintiffs suit was reversed and the same was dismissed in circumstances.

Citation Name: PLJ 2002 Lahore High Court 1748
Appelant Side: SHAMSHAD BIBI
V e r s u s
Opponent Side: S.P. OKARA and 2 others
Judge Name: IJAZ AHMAD CHAUDHARY
Judgment Result:Petition accepted.

-s. 561-a offence of zina (enforcement of hudood) ordinance (vii of 1979), s. 16-constitution of pakistan (1973), art. 199-petitioners seeking quashment of f.i.r. registered against them under s. 16 of offence of zina (enforcement of hudood) ordinance, 1979-complainant had divorced his wife (accused) and kept his daughters-accused lady claimed that her daughters finding life difficult with their step mother had on their own accord left their father's house and joined her and that no-body had abducted them and registration of case was to pressurise her to send daughters to him-pn'ma facie it seems that complainant has wrongly shown petitioner as his wife and has concealed factum of contracting of second marriage by him~registration of case and pendency of investigation seem to be abuse of process of law-f.i.r. registered againt petitioners was quashed in circumstances.

Citation Name: PLJ 2002 Lahore High Court 1950
Appelant Side: Mst. ROQIA BIBI
V e r s u s
Opponent Side: S.H.O PS, JANDAWALA, TEHSIL KALURKOT DISTT. BHAKKAR and another
Judge Name: IJAZ AHMED CHAUDHARY
Judgment Result:Petition accepted.

-s. 7--offence of zina (enforcement of hudood) ordinance, 1979 (vii, of 1979), s. 11-constitution of pakistan, 1973-art. 199~ta/a&--joining of petitioner her husband after passing of decree by family court in suit for dissolution of marriage on the ground of 'khula' within period of "zcwa£"--filing of fir by complainant on charge of zzna-quashing of fir- constitution petition-petitioner claims that decree for dissolution of marriage was obtained on 15.3.2000 by petitioner but during iddat period she joined her husband just after two months after decree and they contracted 'sharee nikah'-though they were husband and wife and talaq could be revoked before expiry of 90 days hence petitioner and her husband are living as husband and wife and impugned fir has been lodged with mala fide intention and ulterior motive for redressal of personal grievance by complainant-case titled nawab bibi vs. mst. anwar bibi and 6 others (pld 1970 lahore 1) also supports contention raised by counsel for petitioner and facts of said case.also apply to instant case in which principle has been laid down by judge trat pre-condition of marriage with stranger cannot be claimed in case of "khula"--held: petitioner by joining her husband before effectiveness of talaq has not committed any offence for which they can be held guilty for the, same- fir quashed and petition accepted.

Citation Name: PLJ 2002 Sh.C-AJ&K 8
Appelant Side: NAZAKAT PARVEEN
V e r s u s
Opponent Side: IKHLAQ AHMAD
Judge Name: IFTIKHAR HUSSAIN BUTT
Judgment Result:Appeal accepted.

-ss. 7 & ll--appreciation of-evidence in proceedings before family court-method of institution of suit and recording of evidence altogether different from cases instituted in civil courts-evidence adduced before family court, thus, cannot be evaluated and appraised in a manner as it is appreciated in cases before civil courts-documentary evidence produced before family court could not, therefore, be discarded for the mere reason that list of dowry and receipts were not exhibited-appellant had appended list of her dowry, as also receipts with her plaint and she was cross-examined in detail relating to such documents, therefore, documentary, evidence could not be ignored and discarded merely for the reason that the same could not be exhibited-documentary evidence produced by appellant coupled with oral evidence sufficiently proved assertions of appellant relating to her claim of dowry-evidence of appellant having not been challenged in cross-examination would be presumed to have been accepted by respondent-evidence produced by appellant sufficiently proved that dowry worth specified amount was given to appellant at the time of marriage and that the same was in possession of respondent-trial court's judgment and decree denying relief to appellant was set aside and appellant's suit was decreed in terms of receipts appended with the plaint

Citation Name: PLJ 2002 Sh.C-AJ&K 17
Appelant Side: Mst. ZATOON
V e r s u s
Opponent Side: SABIR HUSSAIN and 3 others
Judge Name: IFTIKHAR HUSSAIN, BUTT
Judgment Result:Order accordingly.

sched-registration of criminal case and litigation between parties asserted ~by plaintiff has been admitted by defendant's witness-wife in such state of affairs has developed hatred towards husband and evidently spouses cannot live life of harmony and in conformity with their obligations-fact that after decree of dissolution of marriage wife had contracted second marriage and had given birth to five children could not be lost sight of-trial court had thus, rightly dissolved marriage which warrants no interference.

Citation Name: PLJ 2002 Sh.C-AJ&K 17
Appelant Side: Mst. ZATOON
V e r s u s
Opponent Side: SABIR HUSSAIN and 3 others
Judge Name: IFTIKHAR HUSSAIN, BUTT
Judgment Result:Order accordingly.

-sched.-ktiuta-dissolution of marriage on the ground of khula without amendment in plaint and without framing issue-legality-additional district judge recorded finding that issue of 'khula' being legal one, trial court was empowered to dissolve marriage on the basis of 'khula' even without framing issue and that sufficient evidence to resolve issue of 'khula' being available on record, chance of adducing more evidence cannot be given-such finding was maintained by high court, therefore,' district judge was not empowered to disturb such finding which had already attained finality-even otherwise, in case of 'khula' marriage can be dissolved without amendment, in plaint and'without framing issue thereon

Citation Name: PLJ 2001 Peshawar High Court 25
Appellant Side: ANWAR RASHID
V e r s u s
Opponent Side: Mst. MINHAJA and another
Judge Name: MALIK HAMID SAEED AND TARIQ PERVEZ KHAN
Judgment Result:Petition dismissed

-s. 10(3) & 12(2)-decree for dissolution of marriage-defendant's claim in appeal that trial court had failed to observe legal procedure in terms of s. 10(3) & s. 12(2) of family courts act 1964, was belied by record in that reconciliation proceedings had taken place between parties at pre-trial stage but resulted in failure-same course was re-adopted after close of evidence of both parties but still settlement could be arrived at between parties from such re-conciliation-defendant's contention, that trial court was required to constitute board for re-conciliation under injunctions of Islam was without any force-family courts act, 1964 stands extended to malakand division (wherein parties reside) and courts functioning there were bound to decide cases strictly in accordance with laws made applicable to those areas-trial court while deciding us between parties had fully followed relevant law-marriage between parties having not been consummated and plaintiff being minor at the time of nikah, on attaining age of puberty had exercised her right under the law and proper procedure for trial of suit having been followed, no illegality or irregularity had been committed by trial court while deciding case- impugned judgement, therefore, cannot be interfered with in constitutional jurisdiction.

Citation Name : 2014 PLD 494 LAHORE-HIGH-COURT-LAHORE

Side Appellant : ALMAS MUBASHAR

Side Opponent : MUBASHAR HANIF

Ss. 3(1) & 7---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Constitution of Pakistan. Art.199---Constitutional petition---Notice of divorce---issuance of certificate of effectiveness of divorce---Contention of petitioner-wife was that she contracted marriage with the respondent-husband, however, rukhsati did not take place and notice of divorce issued by the respondent-husband from abroad was not as per law and thereafter, arbitration proceedings were not conducted properly by the Administrator Union Council as neither the respondent-husband himself appeared nor any arbitrator appeared on his behalf for reconciliation proceedings---Validity---Respondent-husband had not denied the execution of the divorce deed/notice of talaq , therefore, the provisions of Art.79 of the Qanun-e-Shahadat, 1984 were not attracted, particularly when the petitioner-wife herself admitted the receipt of divorce deed---issuance of certificate of talaq was a technicality which did not find mention in the provisions of Muslim Family Laws Ordinance, 1961 and talaq became effective automatically after 90 days from receipt of notice of talaq by the Nazim/Administrator of the Union Council---As per Injunctions of Islam, the right of divorce had been conferred upon man who could give divorce to his wife at any time and no encumbrance was put upon the man to give divorce to his wife though the same was one of the things most disliked by God---Constitutional petition was dismissed.

Transgender Persons (Protection of Rights) Act,2018

Passed on 7th March, 2018.

[AS PASSED BY THE SENATE]

BILL

to provide for protection, relief and rehabilitation of rights of the transgender persons and their welfare and for matters connected therewith and incidental thereto;

WHEREAS it is expedient to provide for protection, relief and rehabilitation of rights of the transgender persons and their welfare and for matters connected therewith and incidental thereto;

It is hereby enacted as follows: -

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement. –

(1) This Act may be called the

Transgender Persons (Protection of Rights) Act, 2018.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Definitions.- (1) In this Act, unless there is anything repugnant in the subject or context,-

(a) “Act” means the Transgender Persons (Protection of Rights) Act,2018;

(b) “CNIC” means Computerized National Identity Card;

(d) “CRC” means Child Registration Certificate or B-Form;

(e) “Gender expression” refers to a person’s presentation of their

gender identity, and/or the one that is perceived by others;

(f) “Gender identity” means a person’s innermost and individual sense

of self as male, female or a blend of both or neither; that can

correspond or not to the sex assigned at birth;

(g) “Government” means the Federal Government;

(h) “Harassment” includes sexual, physical, mental and psychological harassment which means any aggressive pressure or intimidation intended to coerce, unwelcome sexual advance, request for sexual

favors or other verbal or written communication or physical conduct of a sexual nature or sexually demeaning attitudes, causing interference with living, mobility or work performance or creating an intimidating, hostile or offensive work or living environment including the attempt to punish the complainant for refusal to comply with such requests or to bring forth the complaint;

(i) “NADRA” means the National Database and Registration Authority;

(j) “Notification” means a notification published in the Gazette;

(k) “PMDC” means Pakistan Medical and Dental Council made under the PMDC Ordinance, 1962;

(l) “Prescribed” means prescribed by rules made by the Government under this Act;

(m) “Rules” means the rules made under this Act; and

(n) “Transgender Person” is a person who is:-

(i) Intersex (Khunsa) with mixture of male and female genital features or congenital ambiguities; or

(ii) Eunuch assigned male at birth, but undergoes genital excision or castration; or

(iii) a Transgender Man, Transgender Woman, KhawajaSira or any person whose gender identity and/or gender expression differs from the social norms and cultural expectations based on the sex they were assigned at the time of their birth.

(2) A word or expression not defined in the Act shall have the same meaning as assigned to it in the Code of Criminal Procedure, 1898 or Pakistan Penal Code, 1860 (XLV of 1860).

CHAPTER II

RECOGNITION OF IDENTITY OF TRANSGENDER PERSON

3. Recognition of identity of Transgender Person. –

(1) A transgender person shall have a right to be recognized as per his or her self-perceived gender identity, as such, in accordance with the provisions of this Act.

(2) A person recognized as transgender under sub-section (1) shall have a right to get himself or herself registered as per self-perceived gender identity with all government departments including, but not limited to NADRA.

(3) Every Transgender Person, being the citizen of Pakistan, who has attained the age of eighteen years shall have the right to get himself or herself registered according to self-perceived gender identity with NADRA on the CNIC, CRC, Driving Licence and Passport in accordance with the provisions of the NADRA Ordinance, 2000 or any other relevant laws.

(4) A Transgender Person already issued CNIC by NADRA shall be allowed to change the name and gender according to his or her self-perceived identity on the CNIC, CRC, Driving Licence and Passport in accordance with the provisions of the NADRA Ordinance, 2000.

CHAPTER III

PROHIBITION OF CERTAIN ACTS

4. Prohibition against discrimination. – No person shall discriminate against a transgender person on any of the following grounds, namely:-

(a) the denial of, or discontinuation of, or unfair treatment in, educational institutions and services thereof;

(b) the unfair treatment in, or in relation to, employment, trade or occupation;

(d) the denial of, or discontinuation of, or unfair treatment in healthcare services;

(e) the denial of, or discontinuation of, or unfair treatment with regard to, access to, or provision or enjoyment of use of any goods, accommodation, service, facility, benefit, privilege or opportunity

dedicated to the use of general public or customarily available to the public;

(f) the denial of, or discontinuation of, or unfair treatment with regard to right to movement, safe travel, and use of public facilities of transportation;

(g) the denial of, or discontinuation of, or unfair treatment with regard to the right to reside, sale/purchase, rent or otherwise occupy, inherit any movable and immovable property;

(h) the denial of, or discontinuation of, or unfair treatment in, the opportunity to stand for or hold public or private office; or

(i) the denial of access to, removal from, or unfair treatment in, government or private establishment, organizations, institutions, departments, centers in whose care, custody or employment a

transgender person may be.

5. Prohibition against Harassment. - Harassment of Transgender Persons, as defined in this Act, both within and outside the home, based on their sex, gender identity and/or gender expression is prohibited.

CHAPTER IV

OBLIGATIONS BY THE GOVERNMENT

6. Obligations of the Government. – The Government shall take steps to secure full and effective participation of transgender persons and their inclusion in society, namely: –

(a) Establish Protection Centers and Safe Houses to ensure the rescue, protection and rehabilitation of Transgender Persons in addition to providing medical facilities, psychological care, counselling and adult education to the Transgender Persons;

(b) Establish separate prisons, jails, confinement cells, etc for the transgender persons involved in any kind of offence or offences;

(c) Institute mechanisms for the periodic sensitization and awareness of the public servants, in particular, but not limited to, law enforcement agencies and medical institutions, relating to the issues involving the Transgender Persons and the requirement of protection and relief of such persons;

(d) Formulate special vocational training programmes to facilitate, promote and support livelihood for Transgender Persons;

(e) Encourage Transgender Persons to start small business by providing incentives, easy loan schemes and grants; and (f) Take any other necessary measures to accomplish the objective of this Act.

CHAPTER V

PROTECTION OF RIGHTS OF TRANSGENDER PERSONS

7. Right to Inherit. – (1) There shall be no discrimination against Transgender Persons in acquiring the rightful share of property as prescribed under the law of inheritance.

(2) The share of Transgender Persons shall be determined as per the gender declared on CNIC in accordance with the law of inheritance in Pakistan.

(3) The share of inheritance for transgender persons will be as follows:

(i) For Transgender Male, the share of inheritance will be that of man;

(ii) For Transgender Female, the share of inheritance will be that of

woman;

(iii) For person who has both male and female or ambiguous characteristics, such as their state is difficult to determine upon birth, following shall apply:-

(a) Upon reaching the age of 18 years, if the person’s self-perceived gender identity is Transgender Male, the share of inheritance will be that of man;

(b) Upon reaching the age of 18 years, if the person’s self-perceived gender identity is Transgender Female, the share of inheritance will be that of woman;

(c) Upon reaching the age of 18 years, if the person’s self-perceived gender identity is neither Transgender Man nor Transgender Woman, the share of inheritance will be an average of two separate distributions for a man and a woman; and

(d) Below the age of eighteen years, the gender as, determined by medical officer on the basis of predominant male or female features.

8. Right to Education.– (1) There shall be no discrimination against Transgender Persons in acquiring admission in any educational institutions, public or private, subject to fulfilment of the prescribed requirements.

(2) All educational institutions shall provide education and opportunities for sports, recreation and leisure activities without any discrimination, and on an equal basis with others.

(3) The Government shall take steps to provide free and compulsory education to Transgender Persons as guaranteed under Article 25A of the Constitution of the Islamic Republic of Pakistan, 1973.

(5) It is unlawful for an institution whether private or public, to discriminate against a person on the ground of person’s sex, gender identity and/or gender expression, including but not limited to:

(a) in determining who should be offered admission; or

(b) in the terms or conditions on which admission is offered; or

(c) by denying the person’s access, or limiting the person’s access, to opportunities, training or to any other positive externalities associated with the education; or

(d) by denying access to appropriate student facilities based on a person’s sex, gender identity and/or expression.

9. Right to employment.– (1) The Government must ensure the right to enter into any lawful profession or occupation, and to conduct any lawful trade or business for the Transgender Persons as guaranteed under Article 18 of the Constitution of the Islamic Republic of Pakistan, 1973.

(2) No establishment, institution, department, organization, shall discriminate against any transgender person in any matter relating to employment including, but not limited to, recruitment, promotion, appointment, transfer and other related issues.

(3) It shall be unlawful for an employer to discriminate against an employee on the ground of their sex, gender identity and/or gender expression:

(a) in determining who should be offered employment; or

(b) in the terms or conditions on which employment is offered; or

(c) by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment; or

(d) by dismissing the employee; or

(e) by subjecting the employee to any other detriment.

10. Right to Vote. – No Transgender Person shall be deprived of their right to cast a vote during national, provincial and/or local government elections: Provided that the access to polling stations shall be determined according to the gender declared on the CNIC of a Transgender Person.

11. Right to hold public office. –

(1) There shall be no discrimination on the basis of sex, gender identity and/or gender expression for Transgender Persons if they wish to contest election to hold public office.

12. Right to Health. – The Government shall take the following measures to ensure non-discrimination in relation to Transgender Persons, namely: –

(a) to review medical curriculum and improve research for Doctors and nursing staff to address specific health issues of Transgender Persons in cooperation with PMDC;

(b) to facilitate access by providing an enabling and safe environment for Transgender Persons in hospitals and other healthcare institutions and centers;

13. Right to assembly. – (1) The Government must ensure the freedom of assembly for Transgender Persons in accordance with Article 16 of the Constitution of the Islamic Republic of Pakistan, 1973.

(2) The Government must take steps to ensure appropriate safety measures for Transgender Persons.

(3) No discrimination shall be made on the basis of person’s sex, gender identity and/or gender expression subject to reasonable restrictions imposed by law in the interest of public order.

14. Right of access to public places. –

(1) No Transgender person shall be denied access to public places, places of entertainment or places intended for religious purpose solely on the basis of their sex, gender identity and/or gender expression.

(2) The Government must ensure Transgender Persons access to public places in view of Article 26 of the Constitution of the Islamic Republic of Pakistan, 1973.

(3) It shall be unlawful to prevent Transgender Persons to access facilities available for access of general public and public places mentioned in sub-section (1).

15. Right to property. – (1) No Transgender Person shall be denied right to purchase, sell, rent or lease property, household or tenancy on the basis of sex, gender identity and/or gender expression.

(2) It shall be unlawful to discriminate any Transgender Person with regards to renting, subletting or tenancy on the basis of their sex, gender identity and/or gender expression.

16. Guarantee of Fundamental Rights. – (1) In addition to rights mentioned in this chapter, Fundamental Rights mentioned in Chapter I, Part II of the Constitution of the Islamic Republic of Pakistan, 1973 shall be available unequivocally for every Transgender Person.

(2) It shall be the duty of the Government to ensure that the fundamental rights mentioned in sub-section (1) are protected and there shall be no discrimination for any person on the basis of sex, gender identity and/or gender expression.

17. Offences and Penalties.- (1) Whoever, employs, compels or uses any transgender person for begging shall be punishable with imprisonment which may extend to six months or with fine which may extend to fifty thousand rupees or with both.

CHAPTER VI

ENFORCEMENT MECHANISM

18. Enforcement Mechanism. – In addition to the remedies available under the Constitution or Pakistan Penal Code 1860, Code of Criminal Procedure, 1898 or the Code of Civil Procedure 1908, the aggrieved transgender person shall have a right to move a complaint to the, Federal Ombudsman, National Commission for Status of Women and National Commission of Human Rights (NCHR) if any of the Rights guaranteed herein are denied to him or her.

CHAPTER VII

MISCELLANEOUS

19. Act having over-riding effect to any other law.– The provisions of this Act shall have an over-riding effect on any other law for the time being in force.

20. Power of Government to make rules.– The Government may, by notification, make rules for carrying out the purposes of this Act.

21. Power to remove difficulties.– If any difficulty arises in giving effect to the provisions of this Act, the Government may make such order or give such directions, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.

STATEMENT OF OBJECTS AND REASONS

Transgender people constitute one of the most marginalized communities in the country and they face problems ranging from social exclusion to discrimination, lack of education facilities, unemployment, lack of medical facilities and so on. The Supreme Court of Pakistan passed a ruling in 2009 stating that no Pakistani laws provide room to disenfranchise “eunuchs” from their fundamental rights. Though Article 25 of the Constitution of the Islamic Republic of Pakistan guarantees to all citizens equality before law, clause (1) of Article 26 and clause (1) of Article 27, inter alia prohibit, in explicit terms, discrimination on the basis of sex and Article 19 ensures freedom of speech and expression to all citizens, yet the discrimination and atrocities against Transgender Persons continue to take place.

The Transgender Persons (Protection of Rights) Bill, 2017 seeks to:

(i) define a Transgender Person;

(ii) prohibit discrimination against Transgender Persons;

(iii) confer right upon Transgender Persons to be recognised as such, and a right to self-perceived gender identity;

(iv) provide that no establishment shall discriminate against Transgender Persons in matters relating to employment, recruitment, promotion, education and other related issues; and

(v) provide for welfare measures by the Government for Transgender Persons.

The Bill seeks to achieve the above objects.

SENATOR RUBINA KHALID

SENATOR RUBINA IRFAN

SENATOR SAMINA SAEED

SENATOR KALSOOM PARVEEN

SENATOR KARIM AHMED KHAWAJA

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Transgender Persons (Protection of Rights) Act,2018

Transgender Persons (Protection of Rights) Act,2018

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