Citation Name: 2023 CLC 916 PESHAWAR-HIGH-COURTBookmark this Case Malik KHURSHEED vs Mst

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Citation Name: 2023 CLC 916 PESHAWAR-HIGH-COURTBookmark this Case Malik KHURSHEED VS Mst. TEHSEEN BIBI S.25---Custody of minors---Scope---Petitioner (father) challenged the orders of the lower courts granting custody of minors to the respondent (mother)---Petitioner was an irresponsible and unreliable person with no independent source of income---Additionally, the evidence presented showed that he had been involved in criminal cases and had absconded for a long period of time---On the other hand, the respondent had been a loyal mother who provided education and basic necessities to the minors---Therefore, she was the best choice for custody of the minors---Constitutional petition was dismissed. Citation Name: 2023 CLC 916 PESHAWAR-HIGH-COURTBookmark this Case Malik KHURSHEED VS Mst. TEHSEEN BIBI Ss. 5, Sched. & 10(5)---Suit for dissolution of marriage---Return of dower---Scope---Husband challenged the lower courts' decision for not ordering the return of Zar-e-Khula---Issue of the payment of dower, which was 16 tolas of gold ornaments, was resolved by the Family Court, which determined that the dower had been paid to the wife at the time of marriage---Although the Appellate Court agreed that the dower had been paid, it concluded that the husband had subsequently taken it back---Validity---Wife had consistently claimed that the dower had been taken back and sold and her position was not challenged in cross-examination or disproved---Appellate Court's findings were correct and no order for the return of the dower was necessary since the husband had already taken it back---Constitutional petition was dismissed. Citation Name: 2023 CLC 916 PESHAWAR-HIGH-COURTBookmark this Case Malik KHURSHEED VS Mst. TEHSEEN BIBI art. 199---Constitutional jurisdiction---Scope--- High Court does not generally review factual aspects decided by lower courts. Citation Name: 2023 CLC 916 PESHAWAR-HIGH-COURTBookmark this Case Malik KHURSHEED VS Mst. TEHSEEN BIBI S.5, Sched.---Suit for dissolution of marriage---Scope---Institution of marriage is considered a divine command and the Holy Quran describes the relationship between spouses as "they are like garments, unto you as you are like garments unto them"---Such divine command can only be fulfilled when the relationship between a husband and wife is based on essential virtues such as love, care, trust, sympathy, devotion, and a sense of responsibility---Without these standards of behavior, the desire for a happy marital union between the spouses cannot be fulfilled---In situations where the relationship between a husband and wife has deteriorated to such an extent that forcing them to remain together would violate Allah's commands, the dissolution of marriage on the grounds of Khula can be ordered.

Citation Name: 2023 CLC 916 PESHAWAR-HIGH-COURTBookmark this Case Malik KHURSHEED vs Mst — 2023 CLC 916 PESHAWAR-HIGH-COURT

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