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Showing posts from September, 2018

Talaq Certificate Case Laws

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, ...

Transgender Persons (Protection of Rights) Act,2018

Transgender Persons (Protection of Rights) Act,2018 Passed on 7th March, 2018. [AS PASSED BY THE SENATE] A 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; (c) “Complainant” means a tr...

Dissolution of Marriage Case Laws

Citation Name : 2008 YLR 2267 LAHORE-HIGH-COURT-LAHORE Side Appellant : Mst. KANEEZ FATIMA Side Opponent : JUDGE FAMILY COURT, RAWALPINDI Ss. 5, Sched. & 17---Constitution of Pakistan (1973), Art.199---Constitutional petition---Consolidated suit for dowry articles, maintenance and dower amount etc.---Maintainability---Plaintiff who had been divorced by the defendant had filed a consolidated suit for dowry articles, maintenance and dower amount against defendant/ex-husband---Suit was resisted by defendant contending that collective claims regarding maintenance, dower and dowry articles could only be filed in a suit for dissolution of marriage and not otherwise---Contention of defendant was repelled by Family Court---Validity---Family Court had rightly observed that while inserting S.17 in West Pakistan Family Courts Act, 1964 by the Legislature, wife had been facilitated to consolidate her claim as provided by law in one suit---Plaintiff having already been divorced by...