HAFIZ Corporate & LAW Associates

26/10/2025

05/10/2025

خبر غم
حافظ محمد انور علی ایڈووکیٹ سابقہ واپڈا ملازم انکی والدہ محترمہ اور محمد جمیل لائن مین مرحوم کی چچی جان قضائے الٰہی سے وفات پا گئے ہیں انکی نماز جنازہ کل صبح 11:00 بجے چکنمبر 515 ای بی قبرستان میں ادا کی جائیگی۔

17/09/2025

(1) When does a Muslim woman become entitled to maintenance within a marriage?

Answer to Question No.1
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A holistic reading of the contemporary Islamic principles, constitutional and statutory protections, and judicial precedents affirms that the right to maintenance flows unconditionally from the solemnization of a valid marriage and constitutes a binding legal duty.

Rukhsati, in our social fabric, is a customary practice marking the bride’s departure from her parental home to join her husband. The term rukhsati literally means “to depart” or “to take leave,” and while culturally significant, it holds no independent legal status under Islamic or statutory law. While the solemnization of marriage marks the formal commencement of the marital relationship, it also carries immediate legal consequences under Islamic law, our jurisprudence and the statutory framework of Pakistan. A valid marriage is not a mere ritual or symbolic act; it is the point from which the spouses assume legal status and corresponding rights and obligations. The expression of acceptance at the time of marriage is the ultimate evidence of a woman’s willingness to enter into the marital relationship and to discharge her matrimonial obligations. A wife’s right to maintenance becomes absolute when she demonstrates such willingness, which is reinforced from her waiting for rukhsati to be effected. To condition a wife’s entitlement to maintenance on rukhsati or consummation undermines legal certainty and enables husbands to evade their financial responsibilities by invoking social customs or delaying performance. Such an approach imposes an unconstitutional burden on women and reinforces patriarchal norms that make a woman’s financial rights contingent upon her physical availability or subservience. This is incompatible with the dignity and equality promised under the Constitution.

(2) Under what circumstances, if any, may a husband be excused from his marital obligation to pay maintenance to his wife?

(3) Judges, particularly in family law matters, are not merely arbiters of individual disputes; they are reformers and thought leaders capable of guiding society toward progressive and inclusive thinking. They bear a constitutional and ethical duty to adopt gender-sensitive, rights-based language that affirms the equal legal status of women as full and autonomous persons.

(4) The institution of amicus is essential - to ensuring that adjudication remains informed, inclusive, and principled. The amicus curiae serve as a vital bridge between law and justice, local realities and global perspectives, the bench and the academy. Embracing this inclusive model of judicial deliberation enhances not only the legitimacy and quality of judgments, but also affirms the judiciary’s commitment to learning, openness, and constitutional dialogue.
Civil Petition No. 1107-L of 2015 and Civil Appeal No. 247-L of 2017
Ambreen Akram vs Asad Ullah Khan et

16/09/2025

07/09/2025

VVI. MUST READ JUDGEMENT
PLJ 2025 Cr.C. (Note) 193
In a petition under section 491 Cr.P.C. if the court finds that the person brought before it was being illegally or improperly confined or detained it may pass the following orders:
(i) If the person is a minor, the court may make over his custody to the guardian who would deal with him in accordance with law;

(ii) If the person is a major, whether the custody is public or private, the court must set him at liberty forthwith. However, it cannot restore status quo ante against the wishes of the detenue because that would curtail his liberty 6and impinge on the fundamental right guaranteed under Article 9 of the Constitution of Pakistan, 1973.

The jurisdiction of the High Court under section 491 Cr.P.C. [and the Sessions Judges and the Additional Sessions Judges under section 491(1A) Cr.P.C.] is governed by the following principles which have settled over time:

i) Writ of habeas corpus is of ancient origin and, as distinguished from other prerogative writs, it is one of right and not mere discretion.

ii) “Detention” does not merely relate to physical confinement in a small place. Any form of restraint on liberty is actionable.

iii) The jurisdiction under section 491 Cr.P.C. is exercised by the court to “restore” the custody of the detenue to the person where it rightfully and lawfully belongs. Before passing an order for the restoration of custody, the court must form a prima facie view that the custody from which the detenue is sought to be recovered is “illegal and improper”, and that there is real urgency in the matter.

iv) Under the Islamic law marriage is a civil contract and a Muslim girl is competent to conclude it on attaining puberty which, in the absence of evidence to the
contrary, is presumed on the completion of the age of fifteen years.

v) A girl who has attained puberty may contract marriage with a man of her choice and it is not necessary for her to obtain the consent of her Wali.

vi) Marriage with a minor who is below sixteen is not invalid but the person concerned may be prosecuted for an offence under section 363 PPC and/or the Child Marriage Restraint Act, 1929.

vii) Proceedings under section 491 Cr.P.C. are summary in nature. The court cannot determine legal status of the relationship between the parties. The court cannot determine the validity of the marriage on the touchstone of the Injunctions of Islam in the said proceedings.

viii) A sui juris woman cannot be kept in Dar-ul-Aman against her will.

ix) If the detenue is a sui juris girl or woman and is not willing to go with her husband or guardian, the court cannot compel her. She must be set at liberty and allowed to move freely. Wishes of the sui juris girl should be respected.

ix) Matter of custody of minor children can be brought before the High Court under section 491 Cr.P.C. only if they are of very tender age and have been removed from lawful custody in the recent past and there is a real urgency. Even in such cases the High Court may only regulate interim custody of the minors and leave the determination of final custody for the Guardian Judge. The High Court should exercise jurisdiction under section 491 Cr.P.C. for recovery of minors sparingly.

Islamic law uses the words Sabi or Saghir for minor. “Sabi means lad, youth, or boy while saghir connotes young, child, minor or major. It is the opposite of kabir which means grown-up, adult or old aged. In legal context, the term ‘majority’ means the particular age at which a person has the legal capability to undertake certain acts or when he/she will be held fully responsible for his/her acts and omissions … According to the majority of jurists, this capacity is only attained at puberty. It means that in Islamic law a person is a minor until he or she attains puberty.”

In Pakistan there is no uniform standard definition of age of majority. To this end, various laws prescribe different ages for exercising civil, political, economic, social rights or criminal liabilities. However, for our present purposes the Majority Act, 1875 (the “Majority Act”), is relevant. Section 3 thereof stipulates that every person domiciled in Pakistan shall be deemed to have attained his majority on attaining the age of 18 years but where a court has appointed or declared the guardian of the minor’s person or property, or both, or where the Court of Wards has assumed superintendence of his property, he attains majority on completing his age of 21 years.

Albeit the age of puberty is sometimes considered to mean the same thing as sui juris, it is not always so. As Muhammad Sadiq’s case elucidates, there is a distinction between the two concepts. Puberty enables a person to exercise rights regarding marriage, dower, divorce and adoption provided under the Islamic law but he acquires full legal competence when he reaches the age of majority stipulated by the Majority Act. Therefore, the term “sui juris” may be loosely applied when talking of one’s capacity in respect of the aforesaid matters but it has its real application when one becomes a “full person” and the law permits him to manage his affairs in entirety.

It is trite that in all matters relating to custody of minors the courts act in loco parentis and it is their legal duty to ensure their welfare. The question as to what is in the interest of a minor depends on the facts of each case. The welfare of a minor is not restricted to the child’s health, education and physical, mental and psychological development; it also includes his/her spiritual and moral well being. According to the Halsbury’s Laws of England, “a husband is at common law entitled to the custody of his wife against all other persons, and the writ of habeas corpus is available to a husband for the purpose of regaining the custody of his wife if she is wrongfully detained by anyone without her consent.”
Crl. Misc. No.54755/H/2021
Sultan Ahmad Vs District Police Officer etc.

07/09/2025

PLJ 2025 CrC 686

It is necessary for trial Court that if examination-in-chief is over, cross-examination should be completed on same day--If recording on same day is impossible due to running out of time, trial can be adjourned to next day for cross-examination--It is necessary to mention that no witness can mathematically reproduce what he Stated earlier--With passage of time, human memory fumbles and falters--Certain contradictions would appear in testimony of a most truthful witness due to a slip of tongue, which had no negative impact on testimony of witnesses, as same must be analyzed to see whether it is confidence-inspiring or otherwise--If accused introduces a definite version of defence and establishes said defence, he must show that preponderance of probabilities is in favor of such a plea based on material available on record--The accused cannot rely on it without sufficient material supporting such a defence--The accused may take advantage of information from prosecution witnesses to create doubt in Court’s mind about whether prosecution’s version is true and may take benefit of such doubt.
Crl. A. No. 83064 of 2023, Crl. Rev. No. 2545 of 2024,
MUHAMMAD AMIR alias ANEEL etc versus STATE etc.

07/09/2025

Family disputes---Writ of certiorari---Scope---High Court can issue an order of certiorari to rectify jurisdictional errors committed by subordinate Courts in family law matters---Such errors can arise when Family Courts or First Appellate Courts issue decisions without jurisdiction, in excess of jurisdiction, or fail to exercise their jurisdiction altogether---Certiorari order is applicable when Family Court or First Appellate Court acts in an illegal or improper manner while exercising its jurisdiction---This includes situations where Court makes determinations without providing an affected party opportunity to be heard or where procedural methods employed contravene fundamental principles of natural justice---It is crucial to recognize that High Court's jurisdiction to issue certiorari is fundamentally supervisory, meaning, it does not possess authority to function as an appellate body---Such supervisory role imposes clear limitations: specifically, it prohibits High Court from reevaluating or questioning factual findings made by subordinate Courts based on their assessment of evidence---High Court does not engage in reviewing or re-weighing evidence that underlies decisions made by Family Court or First Appellate Court---Instead, it may only nullify a decision it finds to be beyond jurisdiction or grossly erroneous without imposing its own conclusions in place of those reached by lower Courts---Certiorari orders can be granted solely when a clear error of law is evident on the face of record; however, this does not extend to addressing errors of fact, regardless of their severity.
PLD 2025 SC 572

06/09/2025

Discrimination and Internal Policies: The Court rejects the notion of discrimination when an employer only considers candidates with the prescribed qualification, as it does not exclude or discriminate against individuals based on overqualification.
2023 SCMR 549

06/09/2025

Importance of Eligibility Criteria: The Court acknowledges that employing institutions are best suited to set eligibility criteria based on job requirements, aptitude, and qualification. The eligibility criteria represent a policy decision by the employer, which should be respected.
2023 SCMR 549