Mst. REHMAT BIBI vs MOHAMMAD ALI — 1958 PLD 596

Citation: 1958 PLD 596

Court: Lahore High Court

Year: 1970

Decision Date: 1970-05-12

Parties: Mst. REHMAT BIBI vs MOHAMMAD ALI

Headnotes

Case cited as PLD 1958 Lah. 596

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Karam Elahi Chauhan Title: Mst. REHMAT BIBI vs MOHAMMAD ALI Case No.: Regular Second Appeal No, 234 of 1964 Date of Judgment:1970-05-12 Reported As: PLD 1971 Lahore 151 Result: Appeal allowed JUDGMENT JUDGMENT MUHAMMAD AFZAL CHEEMA, J.--The sole question which falls for determination in this plaintiff's second appeal is whether a widow would be entitled to past maintenance of her son from the latter's grandfather during the period of hizanat under Islamic Law. The facts giving rise to the case are that Shabir Ali, husband of Mst. Rehmat Bibi appellant, was murdered in the holocaust following on the wake of Partition, when the family was migrating from India to Pakistan. The other members, namely, the appellant, her minor son, Mushharaf Ali and her father-in-law, Muhammad Ali (respondent) succeeded in entering Pakistan and settled in Lahore. It appears that the appellant could not get on well will her in-laws and they soon fell out. Consequently, she left their house and came to stay with her parents who also resided in Lahore. From 1947 to 1951, the minor lived with her mother, but some time in 1951 the respondent succeeded in persuading him to leave the appellant to live with him instead. Having thus lost the custody of the minor, the appellant applied to the Magistrate for issuing a warrant under section 110, Cr. P. C. for the recovery of her minor son who was recovered and on production in Court was handed…

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