Muhammadan Laws
Divorce - Khula – Decree for
dissolution of marriage can be passed even though the other issues of cruelty
and non-maintenance are not proved.
PLD 1995 Lah. 283
PLD 1995 Lah. 283
Pre-emption:
- Pre-emption suit filed during interregrem
period on 23.01.1990 to preempt sale made on 25.01.1989 i.e. after 364th day,
Talb-i-Muwathbat not made on 25.01.1989 i.e. after plaint rejected by High
Court.
Legitimacy: Art.128 of
Qanoon-e-Shahadat
- Legitimacy is a status which results from
certain facts.
- Legitimation is a proceeding which creates a status which did not exist before. Proceeding would become necessary where either the existence of a valid marriage could not be expressly proved or where the child was born within 6 months of marriage. In such cases acknowledgment of legitimacy in favour of child should be (i) either by express a necessary implication from the course treatment by the man or the mother or the child. (ii) from the evidence the man or the morality among the members of the family, locality respectables.
- Such acknowledgment raises presumption of valid marriage and legitimate birth entire case law discussed.
- Legitimation is a proceeding which creates a status which did not exist before. Proceeding would become necessary where either the existence of a valid marriage could not be expressly proved or where the child was born within 6 months of marriage. In such cases acknowledgment of legitimacy in favour of child should be (i) either by express a necessary implication from the course treatment by the man or the mother or the child. (ii) from the evidence the man or the morality among the members of the family, locality respectables.
- Such acknowledgment raises presumption of valid marriage and legitimate birth entire case law discussed.
PLD 1995 Pesh. 124.
GIFT
- Condition attached to gift validity – condition attached would be void whereas gift will take effect as if no condition attached – when donor divests himself of ownership and physically parts with possession – gift complete to valid.
PLD 1995 Pesh. 164
- Condition attached to gift validity – condition attached would be void whereas gift will take effect as if no condition attached – when donor divests himself of ownership and physically parts with possession – gift complete to valid.
PLD 1995 Pesh. 164
- Muslim donor has unfettered power to
alienate his property be way of Gift or otherwise during his lifetime provided
he was in proper state of health and gift was made in exercise of his
independent voluntary discretion.
1994 SCMR 1870
1994 SCMR 1870
Pardanasheen Lady
- An educated woman not
observing Pardah capable of understanding transactions and executed deed on
full and proper understanding of its implications –the principal of
Pardahnashin lady, ignorant and illiterate woman would not be attracted.
PLD 1990 SC 642
2004 SCMR 1370
PLD 2004 Kar. 543
PLD 1990 S.C. 661
1984 SCMR 890
2004 YLR 248
PLD 1994 SC 326
2004 SCMR 1370
PLD 2004 Kar. 543
PLD 1990 S.C. 661
1984 SCMR 890
2004 YLR 248
PLD 1994 SC 326
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