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Judgments on Art. 35, Constitution of Pakistan 1973 (2026)
Pakistani court judgments that consider Art. 35, 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.
5 judgments
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
Parents agree a detailed meetings schedule; the court asks Sindh to reform interim custody rules
Mst. Aqsa Abdul Ghaffar v. Irfan Muhammad Saleem and others
Issue: In a wife's petition against decrees for dower, maintenance and dowry, how should the High Court respond when it emerges that the…
Held: The financial claims were settled at the hearing: the claim to gold stayed rejected for lack of evidence, and the husband undertook to pay the balance of the appellate decree (Rs. 162,000 of Rs. 295,500) within a month and future…
Art. 199, Constitution of Pakistan 1973Art. 25, Constitution of Pakistan 1973Art. 35, Constitution of Pakistan 1973s.12, Guardians and Wards Act 1890
Sindh: in Khula the wife returns dower she received, as the Nikahnama shows
Amna Jatoi v. Jahanzeb
Issue: Was a Khula decree rightly made subject to the wife returning 30 tola of gold recorded in the Nikahnama as dower paid…
Held: Yes. She never pleaded that the Nikahnama entries were wrong or that she signed blank papers; it was for her to prove that dower recorded as fully paid was not paid, and she led no evidence and did not call…
Art. 199, Constitution of Pakistan 1973Art. 35, Constitution of Pakistan 1973s.10, Family Courts Act 1964
Failed reconciliation does not mean Khula must follow: the wife’s real wish decides
Muhammad Kora v. Judge Family Court, Multan, etc.
Issue: Must a Family Court dissolve a marriage by Khula whenever pre-trial reconciliation fails, even though the wife has not said she wants…
Held: No. Section 10 obliges the Family Court to make a genuine attempt at reconciliation and, if it fails, empowers it to dissolve the marriage, but it does not require a Khula decree in every case where reconciliation is declared failed;…
Art. 199, Constitution of Pakistan 1973Art. 35, Constitution of Pakistan 1973s.10, Family Courts Act 1964