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JEHANGIR vs Mst — 2023 MLD 316 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 MLD 316 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
MLD
Parties
JEHANGIR vs Mst
Subject matter
Family
Provisions referred to
S. 5---R

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

JEHANGIR VS Mst. ANEELA S. 5---Relief beyond pleadings---Respondent/wife sought dissolution of marriage on the basis of Khula---Trial Court dissolved the marriage subject to return of dower amount received by respondent/wife as Zar-e-Khula to petitioner/husband---Lower Appellate Court modified judgment of Trial Court and set aside condition of payment of Zar-e-Khula---Validity---Pleadings ensured that each side was fully alive to the questions that were likely to be raised---Parties had an opportunity of placing relevant evidence before Court for its consideration---Lower Appellate Court could not exercise discretion to set aside any order which was not before it as a subject matter---Relief sought beyond pleadings or in variance to pleadings, could not be granted---High Court set aside order passed by Lower Appellate Court as the same was illegal and irregular---Constitutional petition was allowed, in circumstances.

Other judgments reported in 2023 MLD

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