MUSLIM FAMILY

LAWS
with

MODEL FORMS
[A Comprehensive and Exhaustive
Commentary with all amendments]

By
Muhammad Abdul Basit

FEDERAL LAW HOUSE

RAWALPINDI: Mian Plaza, Opposite Rawal Road, Murree Road,
Near Chandni Chowk, Rawalpindi, Pakistan.
Tel: 4843011 - 4571229 Mobile: 0333-5477380
LAHORE:

7, Turner Road, Near High Court, Lahore, Pakistan.

Tel: 37363665 Mobile: 0322-4843011
Website: www.federallawhouse.com

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publication may be reproduced, stored in a retrieval system or
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Any person who infringes the above in relation to this publication
may be liable to criminal prosecution and civil claims for damages.

Publishers

Federal Law House

Composed by

Muhammad Mazhar Iqbal

Phone: 0333-5413162

Publishing Date

May, 2013

ISBN

978-969-557-111-8

Price

Rs. 900/-

Printers

New Fine Printers,

Lahore.

DISCLAIMER
Efforts have been made to avoid errors and omissions in this book
with due care and diligence. However, errors or omissions may
creep in while editing or processing for computerization and
printing. Any such mistake, error, discrepancy or omission may be
brought to the notice of Author, Editor and Compiler or the
Publisher which shall be rectified in the next edition.
Author, Editor and Compiler, Publisher, Printer or sellers are not
responsible, directly or indirectly, for any consequences, damage or
loss of action, consequential or incidental, to anyone, of any kind, in
any manner, resulting therefrom the use of legal texts or case law as
those are edited and compiled in good faith keeping utmost care and
caution to make them error-free. However, in case of any confusion or
difference, original legal texts may be consulted and used.
ii

PREFACE
Muslim Family Law is assuming increasing importance in
law practice, because the cases brought to court are growing by
the day. From one perspective, this is a cause for alarm. The
family is the basic unit of society; a disturbance in this unit
causes a disruption in society. The resulting instability arising
from broken homes becomes a cause of friction and conflict that
has a deep impact on human behavior. From another perspective,
there is a need to understand the law that exists to remove
conflicts and friction with the aim to mending broken homes.
The failure to understand the law with clarity and precision will
result in a failure to resolve conflict in society and defeat the
purposes of this important law. This book attempts to facilitate
understanding of this law.
In this book, I have tried to compile the laws relating to
family affairs, that is, nikah, talaq, maintenance, custody of
children and so on. The basic purpose of this compilation is to
provide a comprehensive and exhaustive commentary on the
subject from the practical perspective. All the topics are
discussed in detail and the Islamic view is also included. Model
forms of pleadings relating to family affairs are also provided in
order to facilitate young lawyers in the preparation of cases.
There is an enormous body of case law on the subject. It
was, therefore, very difficult for me to mention all or most of
them. On many points there are conflicting judgments as well.
Accordingly, I have included in the book both versions for the
information of readers. In family matters every case has its own
facts and circumstances so presence of conflicting judgments is
quite natural, but it has been pointed out that this conflict must be
within reasonable parameters and not against the spirit of law.
The Family Courts Act, 1964 has a very wide scope. It
provides Family Courts with vast powers for deciding cases and
the Judge Family Court can adopt any procedure for deciding the
iii

matter. An amendment was made in the Family Courts Act, 1964

in 2002 through an Ordinance. This amendment is very
important. It shortens the lengthy procedure and now Family
Courts are bound to decide the case within a period of six months
from the date of institution. In my view, this shortening of
procedure also shortens the possibility of compromise between
spouses which may be possible after lapse of time.
It is hoped that this book will prove to be very useful for
all concerned though it might not be an ideal or perfect work in
all respects or completely in accord with the wishes of users. All
efforts will be made to improve future editions. I welcome all
suggestions and proposals for such improvement, additions and
corrections for serving you in a better way and will be thankful
to you for your such guidance and cooperation.
Every effort has been made to make this publication errorfree but the possibility of mistakes and errors always remains,
which is obviously unintentional. I shall, therefore, be thankful to
all readers who make the effort to point out such mistakes, errors
and omissions so that they can be rectified in future editions for
the benefit of others. Their cooperation, guidance and help will
be of tremendous benefit for me. Beyond this, all suggestions
and comments will be very welcome for making further
improvements.
Muhammad Abdul Basit
Dated: 1st May, 2013

iv

CONTENTS

MUSLIM FAMILY LAWS

WITH
MODEL FORMS
CONTENTS
No.

Description

Page
No.

PART I
MUSLIM FAMILY LAWS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.

The Muslim Family Laws Ordinance, 1961.

The West Pakistan Rules under the Muslim Family

Laws Ordinance, 1961.
The Family Courts Act, 1964.

71
93

The West Pakistan Family Courts Rules, 1965.

The Dissolution of Muslim Marriages Act, 1939.
The Child Marriage Restraint Act, 1929.

251
265
277

The Marriage Functions (Prohibition of Ostentatious

Displays and Wasteful Expenses) Ordinance, 2000.
The Dowry and Bridal Gifts (Restriction) Act, 1976.

284
289

The Dowry and Bridal Gifts (Restriction) Rules,

1976.

297

The Claims for Maintenance (Recovery Abroad)

Ordinance, 1959.

305

The Guardians and Wards Act, 1890.

317

The Balochistan Family Courts Judges Service Rules,

2009.

393

Khyber Pakhtunkhwa (Prohibition of Firing and use

of Explosive Substance at Marriages and other
ceremonies) Act, 1988.

399

Muslim Family Laws

AZAD JAMMU AND KASHMIR LAWS

14.
15.
16.

The Azad Jammu and Kashmir Family Courts Acts,

1993.

403

The Dowry and Bridal Gifts (Restriction) Act, 1976

(Azad Jammu and Kashmir).

431

Marriages (Prohibition of Wasteful Expenses) Act,

1997 (Azad Jammu and Kashmir).

437

PART II

441

MODEL FORMS
PART-I

441
445

MODEL FORMS OF SUITS

WITH WRITTEN STATEMENTS

445

Suit for Dissolution of Marriage on the basis of Khula.

445

Written statement in suit for dissolution of marriage.

446

Suit for dissolution of marriage on basis of option of puberty.

448

Written statement in suit for dissolution of marriage on the basis

of option of puberty.

449

Suit for possession of property of dower.

451

Written Statement in suit for possession of property of dower.

452

Suit for recovery of dowry articles.

454

Written statement in suit for recovery of dowry articles

456

Suit for jactitation of marriage.

457

Written statement in suit for jactitation of marriage.

458

Suit for recovery of maintenance.

460

Written statement in suit for maintenance.

461

Form
No
1.

2.

3.

4.

5.

6.

vi

CONTENTS
7.

Suit for restitution of conjugal rights.

463

Written Statement in suit for restitution of conjugal rights.

464

PART-II

466

MISCELLANEOUS FORMS OF SUITS,

APPEALS, APPLICATIONS, ETC.

466

Suit for declaration that the plaintiff is entitled to inherit the

share of his late father from the property of his grandfather with
possession and permanent injunction.

466

9.

Notice of talaq from husband.

468

10.

Application for Maintenance under section 9 of the Muslim

Family laws Ordinance, 1961.

469

11.

Suit for dissolution of marriage on the basis of talaq-e-tafweez.

470

12.

Suit for dissolution of marriage on the score that whereabouts of

the husband of the plaintiff are not known for a period of___
years.

472

Suit for dissolution of marriage on the basis of cruelty and nonmaintenance.

474

Suit for dissolution of marriage on the score that the husband

has taken second wife.

476

Suit for dissolution of marriage on the ground of husbands

impotence.

478

16.

Suit for divorce on the ground of option of puberty.

479

17.

Suit for dissolution of marriage on the basis of lian.

481

18.

Suit for Dissolution of marriage on the ground of khula.

482

19.

Suit for jactitation of marriage on the basis of falsely prepared

nikahnama.

484

20.

Suit for recovery of dowry articles.

486

21.

Application for enhancement of amount of maintenance.

488

22.

Application for the consolidation of suits.

490

23.

Application for grant of opportunity to cross-examine.

492

8.

13.
14.
15.

vii

Muslim Family Laws

24.
25.
26.
27.

28.
29.
30.
31.
32.

Application for withdrawal of order regarding attachment of

salary.

493

Application under section 13(5) of Family Courts Act, 1964

read with section 82(7)(8) of the Land Revenue Act, 1967.

494

Application for the transfer of case (suit for recovery of dowry

articles).

495

Application under section 25A of the Family Courts Act, 1964

for transfer of suit for restitution of conjugal rights from one
court to another.

497

Application for re-call of order by which the Court has closed

the Right to cross-examination.

502

Appeal under section 14 of Family Courts Act against the

judgment and decree.

507

Appeal under section 14 of Family Courts Act against the

judgment and decree.

514

Appeal under section 14 of Family Courts Act against the

judgment and decree.

518

Appeal under section 14 of Family Courts Act against the

judgment and decree.

521

PART-III

526

MODEL FORMS RELATING TO THE

GUARDIANS AND WARDS ACT, 1890.

526

33.

Application for the appointment of guardian of a minor.

526

34.

Application for temporary protection of minors property under

section 12.

528

Application by a guardian for permission to sell the property of

the ward.

529

Petition under section 25 of the Guardians and Wards Act, 1890

for the custody of the minors.

530

Appeal under section 47 of Guardians and Wards Act for setting

aside judgment of Guardian Judge whereby the Judge has
dismissed the petition under section 25 and 12 of Guardians and
Wards Act.

534

INDEX

539

35.
36.
37.

viii