HURAIR ASIF vs SENIOR CIVIL JUDGE/JUDGE FAMILY COURT S — 2026 CLC 740 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 CLC 740 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: CLC
Parties: HURAIR ASIF vs SENIOR CIVIL JUDGE/JUDGE FAMILY COURT S
Subject matter: Family
Provisions referred to: S. 5; Family Courts Act; The Family Court Act

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

HURAIR ASIF VS SENIOR CIVIL JUDGE/JUDGE FAMILY COURT S.5, Sched.---Constitution of Pakistan, Art.199---Constitutional petition ---Petitioner seeking stay of pending family court proceedings (dower/maintenance) pending decision of civil declaratory suit---Family Courts Act being a special law---Primacy over general law---Scope and effect---Brief facts were that the petitioner filed a constitutional petition seeking (i) setting aside of the proceedings pending before the family court to the extent of dower, and/or (ii) stay of the said family court proceedings for recovery of dower and maintenance allowance (instituted by respondents Nos. 2 and 3) till decision of a declaratory suit pending before the civil court---The case before the family court was at the trial stage in which the petitioner had already filed written statement and issues had been framed---Held: The Family Court Act, 1964, being a special law was enacted with a specific purpose to precede expeditious settlement and disposal of dispute regarding marriage and family affairs and also matters connected there to and purpose of special law was advancement of justice and to avoid technicalities which were hindrance in ultimate justice between the parties---The special law always prevailed over provisions of general law to the extent of any conflict or inconsistency between the two---In the present case, the proceedings before the family court could not be stayed only on the ground that petitioner had filed declaratory suit for cancellation of Nikahnama---Present constitutional petition was dismissed in limine, in circumstances.

Other judgments reported in 2026 CLC

2026 CLC 673 ISLAMABADAMNA FAYYAZ VS ADDITIONAL DISTRICT JUDGE (WEST) ISLAMABAD S.5, Sched.---Civil Procedure Code (V of 1908), O.I, R.10(2)---Suit for recovery o…
2026 CLC 754 SUPREME-COURT-AZAD-KASHMIRCUSTODIAN EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD VS MAJID RAFIQUE. Ss.18-a(2) & 25(2)(p), (q)---Evacuee Property allottees (…
2026 CLC 673 ISLAMABADAMNA FAYYAZ VS ADDITIONAL DISTRICT JUDGE (WEST) ISLAMABAD O.I, R.10---Necessary and proper party, impleadment of---Scope---If during the cou…
2026 CLC 754 SUPREME-COURT-AZAD-KASHMIRCUSTODIAN EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD VS MAJID RAFIQUE. Ss.18-a(2) & 25(2)(p), (q)---Evacuee Property allottees (…
2026 CLC 688 SUPREME-COURT-AZAD-KASHMIRAZAD GOVERNMENT VS MUHAMMAD IQBAL KHAN. Ss.4, 11, 18, 23 & 54---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), S.42---acqui…
2026 CLC 577 SUPREME-COURT-AZAD-KASHMIRDEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION VS SAIMA SHAREEF. art. 44---Dispute qua ownership of land---Factual questions / disputed qu…

Back to the case-law library · Search Pakistani case law in Urdu or English