Family Law and Family Case Law 

 Family Law and Family Case Law 

Family law is a special law and family courts are empowered to adjudicate all matters related to husband, wife, and minors like maintenance of the minors, dower amount, dowery articles, gift, khula, restitution of conjugal rights, and all other related matters.

Few case Laws are given here in which superior courts lay down principles to proceed in family matters for family courts.

Special law:

Family law is a special law. There is no deadline for the execution application.

 2018 YLR 1501

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 certified copy: 

It is the responsibility of the Family Court to send a certified copy of the degree to the address of the respondent after passing the ex-parte decree.

 2017 CLC N 69.

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Father and No Source:

If the father does not have the sources to maintain the minor, then the mother has the responsibility to maintain the minor. In addition, the law, in this case, sets out in detail the responsibilities of parents with regard to minors.

 PLD 2013 SC 557

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  Notice of attendance:

The family court may send a notice of attendance to the defendant before passing an ex-parte decree.

 2017 PLJ Pesh 01

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 The obligation of the guarantor:

 It is the legal obligation of the guarantor to pay the dowry in case of any default.

 2016 PLD Pesh 109

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Revocation of degree:

 The period of application for revocation of degree against the facts other than khula will start when the respondent/judgment date becomes aware of this degree.

 2017 CLC N 69

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Ground for khula:

 Not paying the dower to the wife is also cruelty. Which is the best ground for khula.

 2018 CLC 93

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Interim Order:

 There can be no writ petition against the Interim Order in the family case.

 2018 CLC N 47

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Duration of the Case:

 It is compulsory for the Family Court to decide the family case within 6 months.

 2018 YLR 1231

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Maintenance of the Minor:

 The father is bound to pay maintenance for his child. His excuse that he has no source of income will not be heard.

 2018 CLC N 47

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Wedding Gift and Dower:

 The wife could not prove the cruelty of the husband. The court ordered the wife to return the wedding gifts and the husband to pay the dower amount.

 2018 PLD Pesh 34

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Past Maintenance:

 Family law is a special law. There is no time limit for Past Maintenance for the husband.

 2018 YLR 1501

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Evidence By Women:

 A veiled woman can record her evidence through her father if her father knows the circumstances of the case well.

 2002 CLC 1336

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Return of Dower Amount and Gift:

 The High Court, while interpreting the Family Laws, ruled that the relevant provisions of the Family Court Act, 1964 and the Muslim Family Laws Ordinance, 1961, were illegal that the wife will return the dower amount. Under it, only wedding gifts should be returned.

 PLD 2009 Pesh 92

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Jurisdiction of the Family Case:

 A family case can be filed in the same place where the wife/woman lives. The regional jurisdiction will not be seen.

 PLD 2006 Pesh 189

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Maintenance of the Divorced Daughter:

 If the divorced daughter is with the mother, the father is obliged to pay her alimony.

 2014 MLD 351 Pesh

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 Property transferred after the date of marriage:

 Property transferred after the date of marriage does not fall under the category of dowry or gift.

 PLD 2012 Lah 43

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Maintenance Forgiven by Mother:

 Even if the mother forgives the Child's Maintenance, the father is obliged to pay.

 2014 MLD 351 Pesh

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 The property is written in the marriage certificate:

 The property written in the marriage certificate falls under the category of Haq Mahr or gift and the Family Court can pass a decree in this regard.

 PLD 2016 SC 613

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 Property transferred after the date of marriage:

 Property transferred after the date of marriage does not fall under the category of dowry or gift.

 PLD 2009 Lah 227

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Dower Amount deposited in the bank account of the plaintiff's father:

 The dower amount was deposited in the bank account of the plaintiff's father. Now the controversy is between father and daughter. The husband cannot be held responsible. This is a civil court case, not a family court case.

 2013 YLR 1903

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 Property transferred after the date of marriage:

 Property transferred after the date of marriage does not fall under the category of dowry or gift.

 PLD 2011 Kar 196

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 Gold jewelry or its value :

 Where gold jewelry or its value is passed, the price will be calculated on the basis of the Date of Payment.

 2013 SCMR 1049

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 Gold jewelry and its value in currency:

 In case the plaintiff only applies for gold jewelry and does not state its value in currency, then the defendant will have the option to return the weight according to the gold jewelry or pay the amount as per the gold jewelry of that weight. Can be purchased from the open market.

 2014 CLC 895

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Metting of the with Minor:

 Every father has the right to meet his child unconditionally. It is unconstitutional to make surety bonds conditional on a meeting and it can be challenged under section 199.

 2014 CLC 1168

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 Partially withdrawn Claim during Pendency:

 If the claim is partially withdrawn during Pendency, a new suit can be filed. The principle of Res Judicata will not apply to it.

 2012 MLD 1795

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Dowry Cases and their Reality:

 The Hon'ble High Court observed that 99% of dowry cases are false that the list was prepared at the time of marriage. And in 1% of cases, she insists she's not lying.

 2013 MLD 939 Lah

Maintenance Is Right not a Benefit:

 maintenance is not a benefit but a right. In the case of khula, if the maintenance is waived as a condition, then it is illegal and has no legal status.

 2012 MLD 1943

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CPC and Family Cases:

 Since the CPC does not apply to family law, the procedure given in the CPC can still be adopted in the family law to get the best justice.

 2012 MLD 1795

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Rate of the Maintenance:

 Under the Family Courts Amendment Act 2015, maintenance has been decreased from 10% to 5%. But in this decision of the Supreme Court of Pakistan restored the maintenance expenditure by 10%.

 2016 SCMR 2069

 Father is bound to pay maintenance:

The father is bound to pay maintenance for his child. His excuse that he has no source of income will not be heard.

 2018 CLC N 47

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 The cruelty of the husband:

 The wife could not prove the cruelty of the husband. The court ordered the wife to return the wedding gifts and the husband to pay the dower.

 2018 PLD Pesh 34

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Writ Petition against the Interim Order:

 There can be no writ petition against the Interim Order in the family case.

 2018 CLC N 47

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The time frame for Family Case:

 It is important for the Family Court to decide the family case within 6 months.

 2018 YLR 1231

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 Certified copy of the degree:

It is the responsibility of the Emily Court to send ao the address of the respondent after passing the degree unilaterally.

 2017 CLC N 69

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Father with no sources for the maintenance:

 If the father does not have the sources for the maintenance of the minor, then the mother has the responsibility to raise the minor. In addition, the law, in this case, sets out in detail the responsibilities of parents with regard to minors.

 PLD 2013 SC 557

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 Notice of attendance to the defendant:

 The family court may send a notice of attendance to the defendant before passing a unilateral decree.

 2017 PLJ Pesh 01