Mst. HASEENA BIBI vs ABDUL HALEEM No estoppel lies against a statute — 2024 PLD 291 SUPREME-COURT

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

Mst. HASEENA BIBI VS ABDUL HALEEM No estoppel lies against a statute---There can be no estoppel against a statute or rules having statutory force. Citation Name: 2024 PLD 291 SUPREME-COURTBookmark this Case Mst. HASEENA BIBI VS ABDUL HALEEM S. 5---Dower/Haq mehr---Entitlement of wife---Dower is a right rendered by Islam and has its footing in statutes---Since right to dower has its footing in Section 5 of the Dissolution of Muslim Marriages Act, 1939, therefore, a wife cannot be estopped from such right and any agreement where she waives the same is void---It is imperative that the wife must be made a party to the agreements concerning her rights---Wife enjoys exclusive and absolute right over her dower and the same cannot be waived via lqrarnama/ Agreement/Compromise and any such document, registered or unregistered, attempting to compromise the wife's right to dower, especially in the context of familial dissolution, lacks legal validity. Citation Name: 2024 PLD 291 SUPREME-COURTBookmark this Case Mst. HASEENA BIBI VS ABDUL HALEEM Custody of minor---Hizanat, right of---Iqrarnama / Agreement/ Compromise made by the mother waiving her statutory right of Hizanat---Legality---Mother is entitled to the custody (Hizanat) of her male child until he has completed the age of seven years and of her female child until she has attained puberty---These rights cannot be denied to the mother as any such action would be contrary to law---Any agreement related to the custody of minor child (which stops the mother from claiming custody) would be violative of law and cannot be enforced by a Court of law---Any Iqrarnama/Agreement/Compromise made by the mother waiving her statutory right of Hizanat of a minor child would be violative of law and cannot be enforced by a Court of law.

Mst. HASEENA BIBI vs ABDUL HALEEM No estoppel lies against a statute — 2024 PLD 291 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 PLD