2 judgments
A section 12(2) application cannot simply reopen a contested family decree
Muhammad Afzal v. Maria Tariq and others
Issue: Can a party who fully contested a family suit reopen the decree under section 12(2) CPC, and is a claim that former…
Held: No on both points. The petitioner had contested the suit in full and his section 12(2) CPC application identified no fraud, misrepresentation or concealment of the kind the provision requires; a bare assertion that former counsel did not disclose the…
r.22, Family Courts Rules 1965s.12(2), Code of Civil Procedure 1908s.14, Family Courts Act 1964s.5, Limitation Act 1908
Past maintenance for 12 years upheld where the husband admitted she was unmaintained
Muhammad Anwar v. District Judge, etc.
Issue: Can a Family Court award past maintenance going back more than six years, which the husband said is the outer limit under…
Held: Yes, on these facts. In his written statement, seeking restitution of conjugal rights in answer to the wife's suit, the husband admitted in writing that she had been unmaintained since 2012. A husband who asks for his wife's return admits…
Art. 120, Limitation Act 1908Art. 199, Constitution of Pakistan 1973