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Judgments on s.2, Dissolution of Muslim Marriages Act 1939
Pakistani court judgments that consider s.2, Dissolution of Muslim Marriages Act 1939, 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.
1 judgment
Cruelty proved: dower stays in full, even after the Shariat Court ruling on section 10(5)
Arslan v. Nisha Shahid etc.
Issue: After the Federal Shariat Court declared section 10(5) and (6) of the Family Courts Act repugnant to Islam (PLD 2022 FSC 25),…
Held: Yes, the Family Court still decides dower on the facts of each case; the Shariat Court removed the fixed surrender formula, not that power. A decree is not Khula just because the word appears in the papers. Where the wife…
Art. 189, Constitution of Pakistan 1973Art. 199, Constitution of Pakistan 1973s.10, Family Courts Act 1964s.2, Dissolution of Muslim Marriages Act 1939