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| 2026 clc 126 |
⚖️ خُلع، فیملی کورٹ کے اختیارات اور جوڈیشل اوورریچ
📌 تمہید
📖 مختصر حقائق
⚖️ قانونی سوال
📌 قانونی نکات
⚖️ قانونی اصول
🧠 تجزیہ
Must read judgment.
Judicial overreach---Scope---Any exercise of power beyond the statutory framework is antithetical to the rule of law and undermines the integrity of the judicial
دیا
CIVIL LAW CASES
2006 CLC 126 Par DLK Before Faruk Jamshed and
HARNAIN ABBAS-Pitioner
Ms. TOOBA BIBI and another Respondenza
WP. No. 354-D of 2004 with C.M. No. 618-D of 2024, decided on 60 May, 2025
(a) Family Courts Act (XXXV of 1964)-3.104)-Contion of Pakistan, Art. 199-Wife filing a suit for
dissolution of marriage on the the basis of khula-Family court while decreeing the suit compelling the husband Legality and permissibility-Once a decree for khula is passed the husband to issue a written talaq... marriage stands dissolved and husband cannot be compelled to pronounce talag wästher orally or in writing-Brief facts were that the respondent/plaintiff (wife) fled a suit seeking dissolution of marriage on the basis of khula-Upon her appearance and statement before the court, she gave up her claim to dover and other rights, whereafter the trial court granted a decree for dissolution of marriage through khula directing the petitioner defendant (hutband) to pronounce talaq in writing within ten days-The petitioner husband himself did not appear, though his mother appeared before the courtand the decree was petition under Art. 199 of the Constitution of Pakistan---Fundamental passed accordingly, forming the basis of the present constitutional issue which required determination was as to "Whether once a decree for dissolution of marriage on the basis of khala had been granted by the court, was it within the jurisdictional competence of the family court to compel the husband to pronounce taleg through a written deed-Held: The respondent/wife instituted a suit for dissolution marriage which culminated in the grant of a decree by the family court solely on the basis of her statement, a practice well established in matters of khula under S.10(4) of the Family Courts Act, 1964-However, Trial Court went further and imposed certain conditions on him to issue a written talay within ten days-Imposition of this condition elect overreach by the The Legal Aristocrat of Jurisdiccional
ARISTOCRAT
Peshawar, Pakistan
H... more كيس
128, 130, 1311
(2) Family Con
-5.10(4) shula
process---When a court steps outside its jurisdiction or renders a decision in contradiction to established legal principles, such a decision is void ab initio and nullity in the eyes of law.
2026 CLC 126