Citation Name: 2023 PLD 38 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed SAJID HUSSAIN ABIDI vs IRAM SHEHZADI ABIDI S — 2023 PLD 38 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLD 38 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLD
Parties: Citation Name: 2023 PLD 38 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed SAJID HUSSAIN ABIDI vs IRAM SHEHZADI ABIDI S
Subject matter: Family
Provisions referred to: S. 7---F; Family Courts Act (XXXV of 1964)

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

Citation Name: 2023 PLD 38 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed SAJID HUSSAIN ABIDI VS IRAM SHEHZADI ABIDI S. 7---Family Courts Act (XXXV of 1964), Ss. 5, ?? Sched. & 10---Suit for dissolution of marriage---?Fiqah-e-Jafria--- Non-pronounce-ment of seegha---?Effect---Petitioner assailed order passed by Family ?Court whereby the marriage between the ?petitioner and respondent was dissolved on the ?basis of Khula in view of their statements ?recorded on the same day---Contention of ?petitioner was that according to Shia personal ?law, the marriage could not be dissolved unless ?the "Seeghajaat" were read in presence of the ?parties wither by the husband or his representative/nominee/wakeel in presence of ?respondent or her representative/nominee/wakeel---Validity---Shia male could always ?pronounce divorce in accordance with Shia Law ?which would be protected only by reading the "Seeghajaat" directly or through a representative/wakeel in the presence of female or her ?representative/wakeel whereafter divorce could ?become effective---Such exercise could be ?undertaken in the present case even with ?retrospective effect, if need be---Writ petition was ?disposed of accordingly.

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