MUHAMMAD SAJJAD vs ADDITIONAL DISTRICT JUDGE, JALALPUR PIRWALA, DISTRICT MULTAN Ss — 2022 CLC 729 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 CLC 729 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: CLC
Parties: MUHAMMAD SAJJAD vs ADDITIONAL DISTRICT JUDGE, JALALPUR PIRWALA, DISTRICT MULTAN Ss
Subject matter: Civil

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 SAJJAD VS ADDITIONAL DISTRICT JUDGE, JALALPUR PIRWALA, DISTRICT MULTAN Ss.5 & 7---Nikahnama, column No.19---Talaq, pronouncement of---Absolute right of husband---Restrictions, vires of---Damages on account of unjustified/second divorce, award of---Respondent's/Plaintiff's (wife's) entitlement to recover stipulated amount from her husband due to the second marriage without her permission---Suit for recovery of stipulated amount as mentioned in Nikahnama was decreed---Validity---Holy Qur'an, had delegated uncovenanted powers to husband to pronounce Talaq to his wife in order to avoid any transgression of Islamic bounds---Husband had absolute right to divorce his wife from his free will and in that regard no condition was described in the Sharia and codified law---Condition, if any, imposed in the Nikahnama for the award of damages on account of alleged unjustified divorce was against the basic principles of Islamic Law---Constitutional petition of the petitioner/husband was partly accepted only to the extent of said effect.

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