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MUHAMMAD YASIR NAZEER vs LUBNA KOSAR Ss — 2022 CLC 372 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 CLC 372 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
CLC
Parties
MUHAMMAD YASIR NAZEER vs LUBNA KOSAR Ss
Subject matter
Civil
Provisions referred to
S. 2---S; S. 2; S. 14; Muslim Marriages Act (VIII of 1939); Muslim Marriages Act; Family Courts Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD YASIR NAZEER VS LUBNA KOSAR Ss.5, Sched. & 14---Dissolution of Muslim Marriages Act (VIII of 1939), S.2---Suit for dissolution of marriage---Appeal---Scope---Suit for dissolution of marriage was decreed by the Trial Court---Appeal filed against the decree was dismissed---Validity---Appeal against the marriage dissolved by Family Court on any ground, except the one mentioned in S.2(viii)(d) of Dissolution of Muslim Marriages Act, 1939, was not competent in view of S.14 of Family Courts Act, 1964---Statements of witnesses of defendant proved that there was maltreatment both physically and mentally from the defendant's side that was why he gave surety that next time there would be no beatings---Defendant had failed to maintain the plaintiff for more than four years, who was residing with her parents---"Cruelty" was not limited to physical beating rather it could be either mental or even by conduct---Petition was partly accepted and the impugned order of appellate court to the extent of return of appeal in respect of dower amount, maintenance, gold ornaments and medical expenses was set aside. Head NotesCase Description

Other judgments reported in 2022 CLC

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