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Judgments on Art. 14, Constitution of Pakistan 1973
Pakistani court judgments that consider Art. 14, Constitution of Pakistan 1973, summarised in plain English, newest first. Each gives the issue, what the court held and what it means in practice, and is reviewed by an advocate.
4 judgments
Supreme Court: a statutory dissolution claim cannot be turned into khula without the wife’s consent (shiqaq)
Mst. Zainab Bibi v. Muhammad Waseem and others; Mst. Iram Naz Begum v. Fazal Khaliq and others
Issue: When a wife sues for dissolution on the ground of cruelty and cruelty is not proved, can the Family Court grant khula…
Held: No. Converting a claim for statutory dissolution into khula without the wife's clear and voluntary election is an error of law. On the record, the Supreme Court sustained the dissolutions on the different ground of shiqaq under section 2(ix) of…
Art. 14, Constitution of Pakistan 1973Art. 199, Constitution of Pakistan 1973Art. 25, Constitution of Pakistan 1973Art. 4, Constitution of Pakistan 1973
Supreme Court: Nikahnama columns 13–16 must be read together when deciding dower
Mst. Farwa Noreen v. Hassan Ali Agha and others
Issue: How should courts read the dower entries in a Nikahnama (columns 13 to 16), what is the Nikahnama's legal status, and what…
Held: Deciding questions of law only, the Court held that columns 13 to 16 are complementary and together record the total dower agreed; that the Nikahnama is the official record and primary, but rebuttable, evidence of a marriage already concluded, not…
Art. 102, Qanun-e-Shahadat Order 1984Art. 103, Qanun-e-Shahadat Order 1984Art. 105, Qanun-e-Shahadat Order 1984Art. 129, Qanun-e-Shahadat Order 1984
A wife may notify the Union Council of a talaq her husband has already pronounced
Raheel Ahmad v. Tayyaba Haq, etc.
Landmark judgment
Issue: Is a divorce-effectiveness certificate invalid because the wife, not the husband, brought his emailed talaq to the Union Council's notice; and could…
Held: No, the certificate stands. Section 7 puts the duty to notify the Chairman on the husband, but nothing in it stops the wife from reporting a talaq already pronounced and communicated; her intimation does not relieve him of his duty…
Art. 14, Constitution of Pakistan 1973Art. 199, Constitution of Pakistan 1973Art. 25, Constitution of Pakistan 1973Art. 34, Constitution of Pakistan 1973
Supreme Court: cruelty need not be physical, and a cruelty case cannot be turned into khula
Dr. Seema Hanif Khan v. Waqas Khan and others
Issue: Can a Family Court grant khula of its own accord to a wife who sued for dissolution on statutory grounds, and what…
Held: No court may grant khula without the wife's clear consent; filing a suit for dissolution is not a request for khula. Grounds under the 1939 Act are proved on the balance of probabilities, and cruelty, which may be mental and…
Art. 14, Constitution of Pakistan 1973Art. 199, Constitution of Pakistan 1973Art. 25, Constitution of Pakistan 1973Art. 35, Constitution of Pakistan 1973