United Law Firm - Lahore, Pakistan

29/11/2024

29/11/2024

Polygamy / Second Marriage in Pakistan, Complaint against husband for contracting second marriage without permission.

Although, second marriage (having maximum four wives) is permissible in Islam but under Family Law in Pakistan, no Muslim can contract second marriage, without previous permission in writing of the Arbitration Council (either with consent of first wife or otherwise) and if anyone who enters into / contract second marriage without such permission, he is liable to be punished / imprisonment for upto one year and fine of PKR 500,000/-, upon the complaint of first wife.

Under Section 6 of THE MUSLIM FAMILY LAWS ORDINANCE 1961:

Polygamy.– (1) No man, during the subsistence of an existing marriage, shall, except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered under this Ordinance.

(2) An application for permission under sub-section (1) shall be submitted to the Chairman in the prescribed manner, together with the prescribed fee, and shall state reasons for the proposed marriage, and whether the consent of existing wife or wives has been obtained thereto.

(3) On receipt of the application under sub-section (2), the Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such conditions, if any, as may be deemed fit, the permission applied for.

(4) In deciding the application, the Arbitration Council shall record its reasons for the decision, and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision [10][to the Collector] concerned and his decision shall be final and shall not be called in question in any Court.

(5) Any man who contracts another marriage without the permission of the Arbitration Council shall,

(a) pay immediately the entire amount of the dower, whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and (b) on conviction upon complaint be punishable with the simple imprisonment which may extend to one year and with fine of five hundred thousand rupees.

Bare reading of the above section and in light of Judgments passed by superior courts, it is settled law that it is the discretion of court to fix incarceration period but amount of fine is fixed as Rs.5-lac, to be imposed, on conviction.

United Law Firm - Lahore, Pakistan

0300 4861641

Legal Aid Consultants

29/11/2024

Partition / Division of Property,
How to get property Share,
How to obtain inherited property share ?

There is no proper mechanism in revenue hierarchy / revenue department or other law enforcing institutions to make partitions of properties, which eventually constrain the owners of immoveable properties or the legal heirs for share in inherited property to approach the Courts of law. Normally people cannot carry joint ownership or to utilize the property jointly, likewise joint family system, so they are constrained to get divided their properties through the course of law, except in rare cases of mutual understanding for division (family settlement).

Bird’s eye view on Partition Suits:-

In partition cases, there is always win win situation and both the parties are to be called winner but the possession holder of the property always intends to delay court’s proceedings as to enjoy possession and if the possession of the property is with third party, then he can be loser of partition case.

Legal maxim “Nemo in Communione potest invitus detineri”, no one can be kept in co-proprietorship against his will. Partition is an arrangement whereby co-sharers having undivided interest in joint properties take by arrangements specific properties in lieu of their shares either by way of portion of property if the same is partition-able or the sale proceeds out of Auction amount, as per their legal entitlement / share percentage.

For partition suits regarding urban property, partition suit is required to be filed before Civil Court and the procedure will be followed for its partition under Partition Act, 1893. For Agricultural land, partition can be sought from Revenue Officer under Land Revenue Act, 1967.

The court, in deciding a partition suit, will consider the share of each co-owner, the nature of the property, and the feasibility of division. The court may decide to physically divide the property if feasible or sell the property and distribute the proceeds if physical partition is not practical.

United Law Firm - Lahore, Pakistan

0300 4861641

Legal Aid Consultants

16/08/2022

Useful Terminologies:-

Trial
A formal examination of evidence by a judge, typically before a jury, in order to decide guilt in a case of criminal or civil proceedings.

Suit
The term "lawsuit" is in reference to a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy.

PIL
Public interest litigation means litigation for the protection of the public interest/rights.

Complaint:-
Document filed into the court (actually with the County Clerk or Clerk of the Court) by a person or entity claiming legal rights against another.

Principle of the Separation of Powers
The separation of powers is a constitutional principle introduced to ensure that the three major institutions of the state namely; the legislative, the executive and the judiciary are not concentrated in any single body whether in functions, personnel or powers.

LEGAL TERMINOLOGIES:-

1:-OBITER DICTA:- Obiter dicta is latin word “Obiter dictum” which means “by the way”. obiter dicta is an opinion or a remark made by a judge which does not form a necessary part of the court's decision.

Inter alia:-
Latin for "among other things." This phrase is often found in legal pleadings and writings to specify one example out of many possibilities.

Per se:-
Per se, a Latin phrase meaning "by itself" or "in itself".

Convention:-
An agreement between parties.

Confession and Admission:-
Confession is acceptance of guilt in a crime or wrong doing while admission is the acknowledgment of a statement or a fact.
• Admission is used mostly in civil cases while confession is used mostly in criminal cases.

Vested Rights:-
A right belonging completely and unconditionally to a person as a property interest which cannot be taken away without the consent of the owner.

Jirga and Panchayat:-
Jirga is an assembly of religious leaders who made decisions bases on teachings and it is generally among the nomads or any tribal community in which senior clerics or religious leaders settles a dispute among two parties by mediating and decision is binding.
Panchayat is headed by sarpanch and comprised of panchs which are elected through elections.Decision of panchayat if comes out from any dispute can be challanged in courts.

Burden of Proof:
The burden of proof is the obligation of a party in a trial to produce the evidence that will prove the claims they have made against the other party.

Actus Rea:-
It means an act and commission of crime.

Mens Rea:-
It means intention of a crime.

Intra Vires:- It means within the law/constitution/agreement.

Ultra vires:- It means out of the law/constitution/agreement.

Order Accordingly:- it means order has been passed according to order of the case.

Privy Council:- a body of advisers appointed by a sovereign or a Governor General

General power of attorney:-
A general power of attorney gives broad powers to a person or organization (known as an agent) to act in your behalf.
OR
It means to give general attorney to your advocate or someone for the general purpose in case.

Special power of attorney:-
Special power of attorney is a written authorization that grants an agent (also called an attorney in fact) the authority to act on behalf of the principal (the person granting this authority) under certain, specified circumstances.
OR
Special power of attorney is used to give attorney to someone in the case and that person will attened your case and the special of power of attorney means to give attorney for the special time, purpose, and for special thing.

ADR (Alternative Dispute Resolution):-
Alternative Dispute Resolution is generally known as settlement of any dispute without/out of court or without filing a suit in the Court.

Types of Alternative Dispute Resolution:-
There are three types of Alternative Dispute Resolution known as 1. Arbitration, 2. Mediation and 3. Conciliation.

1. Arbitration:-
Arbitration is a process of ADR where the parties present their arguments and evidence to an independent third party (arbiter) who makes a determination.

2. Mediation:-
Mediation is a process of ADR where an independent third party (mediator) assist people in dispute to identify the disputed issues develop options, consider alternatives and try to reach in agreement.
Note:-
However the mediator can’t give his point of view/opinion about the issues or have any role in deciding the dispute.

3. Conciliation:-
Conciliation is a process of ADR where a third party (conciliator) helps the peoples to identify the disputed issues, develop options and try to reach in agreement.
Note:-
A conciliator may have professional expertise in the subject matter in dispute and generally advise about issues for resolution. However the conciliator will not make any decision or judgment about the dispute.

26/05/2022

10/05/2022

07/05/2022

Lahore High Court,
Roster of Sittings
w.e.f 09.05.22 to 04.06.22