Family Law
Family rights, guardianship, custody, and maintenance.
Practical legal writing on child welfare, guardianship, custody, maintenance, inheritance, minors’ property, and the jurisdiction of Family and Guardian Courts.
11 articles in Family Law
01Family LawHusband Cannot Block Talaq Process by Withholding Notice, Lahore High Court RulesIn Raheel Ahmad v. Tayyaba Haq, the Lahore High Court held that a wife may report an already communicated talaq while the husband’s notice duty and statutory safeguards remain.02Family Law · Constitutional LawShiqaq Divorce in Pakistan: Supreme Court Distinguishes Khula and Preserves Dower RightsA five-judge Supreme Court Bench sustained dissolution for shiqaq, rejected khula without the wives’ voluntary election and removed dower-surrender orders based solely on khula.03Family Law · Civil LawMaintenance Increase Is Not Compounded Unless Decree Says So: Pakistan Supreme CourtThe Supreme Court held that a 20% annual maintenance increase runs on the original amount when the decree is silent on compounding, while section 17A(3) does not cap a court-ordered increase at 10%.04Family Law · Civil Law · Constitutional LawLahore High Court: Khula Decree Is Not Appealable, but Dower-Return Liability IsThe Lahore High Court held that a Khula decree attains finality, but an appeal remains competent on the wife's civil liability to return dower or other marriage benefits.05Family Law · Civil LawFCC Defines Scope of Section 4 MFLO: Children of a Predeceased Brother Cannot Inherit by RepresentationThe Federal Constitutional Court held that Section 4 of the Muslim Family Laws Ordinance creates representation only for children of a predeceased son or daughter, not children of a predeceased brother.06Family Law · Evidence · Constitutional LawSupreme Court: Nikahnama Dower Columns Must Be Read Together; Property Mahr Cannot Be DefeatedA four-member Supreme Court bench held that Nikahnama entries are primary but rebuttable evidence, Columns 13 to 16 must be read together, and an untransferable dower property may be replaced by its value.07Family Law · Evidence · Constitutional LawIHC: Husband Cannot Recover Seven Tolas as Zar-e-Khula Without Nikahnama ProofThe Islamabad High Court held that a Nikahnama recording dower of Rs250,150 in the form of gold ornaments did not prove an agreed weight of seven tolas.08Family Law · Civil Law · EvidenceSupreme Court: Wife Cannot Retain Dower After Khula if Cruelty Is Not ProvedIn Wajiha Rasheed v Adeel Akhter, the Supreme Court held that a later dissolution decree requiring restoration of dower could make an earlier decree for dower property unserviceable where cruelty was not proved.09Family Law · Civil Law · Constitutional LawLHC: Wife's Ordinary Residence Can Give Family Court Territorial JurisdictionThe Lahore High Court held that a wife's ordinary residence is not confined to permanent residence and restored a Family Court decree from Jahanian.10Civil Law · Family LawDisplaced-Person Land Vests Absolutely: Supreme CourtIn Noor Ahmed v. Mst. Rashida Bibi, the Supreme Court held that land permanently allotted to a displaced person under the 1958 settlement law vested absolutely in the allottee, while an unchallenged allotment could not be displaced through a time-barred civil suit by alleged collateral heirs.11Family Law · Constitutional Law · Human RightsSupreme Court Sets Rules for Referring Needy Persons to Pakistan Bait-ul-MalSupreme Court held courts may refer deserving persons to Pakistan Bait-ul-Mal, but the form, amount and duration of aid ordinarily remain for PBM.