Tag: family court

  • Court sentences man to jail for marrying without first wife’s consent

    Court sentences man to jail for marrying without first wife’s consent

    A man has been sentenced to jail by a court in Bahawalpur for marrying for a second time without the permission of his first wife, Geo News has reported.

    The Pakistani state observes a punishment of up-to a one year sentence and a fine for men that take up second wives without the written consent of their first wife.

    The first wife filed an application in the court against the second marriage of the husband. The family court of Bahawalpur sentenced him to six months in prison and fined him half a million rupees.

    While pronouncing the verdict, the court said that the accused will have to serve two more years of imprisonment if he fails to pay the fine.

  • Marriage can be dissolved on the basis of cruelty of husband: SC

    Marriage can be dissolved on the basis of cruelty of husband: SC

    The Supreme Court on Wednesday held that a marriage can be dissolved on the basis of cruelty inflicted by a husband upon his wife. The verdict was announced in a case filed against the Peshawar High Court (PHC) verdict which overturned the decision of the family court of dissolving a marriage on the basis of cruelty by the husband.
    Headed by Justice Sardar Tariq Masood, a three-judge Supreme Court bench announced the landmark verdict.

    Family court had dissolved the marriage due to cruelty following the recording of evidence and hearing from both parties on a suit brought by Tayyeba Ambareen against her husband Shafqat Ali Kiyani demanding dower money, dowry items, medical expenses, and maintenance for herself and their daughter.

    However, the decision was overturned and the woman was instructed to return five tolas of gold to her husband.

    The SC in its verdict has said that the family court rightly dissolved the marriage on account of cruelty after a thorough examination and consideration of evidence.

  • Court allows divorce on grounds of mental cruelty to husband

    Court allows divorce on grounds of mental cruelty to husband

    An Indian state Chhattisgarh High Court bench granted a decree of divorce on grounds of mental cruelty to the husband.

    The court declared that if a wife insists that her husband to get separated from his parents and threatens to implicate him in a false dowry demand case, it would be counted as mental cruelty.

    Justices Goutam Bhaduri and NK Chandravanshi heard a petition filed by a husband challenging the order passed by a Family Court in 2017 by which his plea seeking divorce on the ground of cruelty was rejected.

    The judges noted that the marriage of the couple hardly worked for two months. The wife often left her matrimonial house as she wanted to live alone with her husband who made several attempts to reconcile but in vain.

    “In such a lower middle-class family, it is the responsibility of the eldest son to take care of his elderly parents, as he has deposed also in his statement. In such a situation, if the wife persistently creates constraints upon the husband to get separated from his family and to live with her at her parental house and also threatened him that, otherwise she will implicate him in the dowry case, it, itself amounts to mental cruelty on the husband,” the high court remarked.

    The Family Court was unjustified in making such an observation, the court said.

  • Rise in divorces: Lahore doubles number of family courts

    Rise in divorces: Lahore doubles number of family courts

    The number of family courts in Lahore has been increased to 12 from 6 in the last four years, it was reveled in Samaa News’ programme Qutb Online . The number of family courts have been doubled to accommodate the increasing number of divorce cases in the capital of Punjab.

    Samaa News reporter Arshad Ali said that during the coronavirus lockdown, more than 11,000 women filed for khula or dissolution of marriage, adding that approximately 150 khula applications are filed in Lahore.

    “When a case is filed, a family judge first tries to reconcile the couple. The proceedings begin when he fails to do so,” said Ali while mentioning about the delay in divorce cases.

    Read more- Divorce rate highest in Pakistan since 2019: Gallup survey

    A survey in December revealed that the divorce rate has reached the highest in Pakistan. As per the survey, 2 out of every 5 Pakistanis believe that in-laws are the major reason for most failed marriages. The survey also recorded that 58 per cent of the population in Pakistan believe that divorce cases have increased in society, reports The News.

  • Ex-spymaster served family court notice over ‘secret’ marriage: report

    Ex-spymaster served family court notice over ‘secret’ marriage: report

    A family court has issued a notice to former Inter-Services Intelligence (ISI) chief Lt-Gen (r) Zaheerul Islam on a suit filed by Palwasha Zai Khan, who claims to be his wife, The News reported. 

    According to reports, family court judge Abdul Muneem issued the notice to the ex-ISI director general (DG) for January 20 after Palwasha moved the court for alimony for their four and half-year-old son Shamsherul Islam.

    The court, in its notice, has directed Islam to appear before the court in person or submit a reply through his counsel by Jan 20.  In case of noncompliance, the court can initiate ex-party proceedings, the notice further read. 

    Palwasha claims that she had married Islam on May 5, 2015, in Islamabad and had a four and half-year old son with him. Palwasha has reportedly also initiated legal proceedings for divorce.