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After a divorce, LHC decides that women who have been harmed by their spouses get their dower.
A woman who gets a divorce because of her husband’s abuse, cruelty, or other marital wrongdoing is not automatically denied her right to dower (haq mehr), according to a ruling by the Lahore High Court.
In a landmark ruling on khula, divorce, and dower rights, the court decided that each case’s facts define who is entitled to dower and that not all khula cases need the return of dower.
A appeal submitted by Arsalan contesting the rulings of the Family Court and the District Judge in Toba Tek Singh was dismissed at the preliminary hearing stage by Justice Mohsin Akhtar Kayani, who also gave the written verdict.
The petitioner claimed that the Federal Shariat Court had already ruled that sub-sections (5) and (6) of Section 10 of the Family Courts Act, 1964 were in conflict with Islamic injunctions and that the Supreme Court was still considering the case. He argued that the Family Court lacked the authority to give his ex-wife any share of the dower.
The ruling states that the pair was married on March 18, 2022, with an unpaid dower of Rs. 100,000.
Nisha Shahid, the wife, told the Family Court that after she insisted on receiving the dower, her husband started abusing her physically. She said that he was unemployed, frequently aggressive over trivial matters, addicted to drugs and larceny, demanded money from her parents, verbally abused her, threw her out of the house, neglected to pay maintenance, and never made an effort to make amends.
The District Judge rejected the husband’s appeal as unmaintainable, but the Family Court partially accepted her claim and granted her 50% of the postponed dower.
The High Court made a distinction between khula and judicial dissolution of marriage, noting that the question of returning the dower may come up if a woman seeks khula only because she no longer wants to be married. However, the wife retains her right to dower and the husband cannot demand its return if the marriage terminates due to the husband’s cruelty, violence, maltreatment, failure to give maintenance, or other legally recognized circumstances.
The court further ruled that psychological, emotional, verbal, and financial abuse are all considered forms of abuse in addition to physical violence. It further stated that a wife’s credible testimony and the circumstances surrounding the incident may be sufficient evidence, and that she is not have to provide a medical report or FIR for each incidence.
The ruling emphasized that merely classifying the divorce as khula does not automatically terminate the wife’s dower rights and instructed Family Courts to first ascertain the true cause of the marriage’s dissolution before resolving the dower issue.
In order to ensure that women are not denied dower in cases where the husband’s misconduct is proven, the Lahore High Court also suggested that the Punjab government and the Law and Justice Commission of Pakistan amend the law to require Family Courts to clearly determine responsibility for the breakdown of a marriage before deciding dower claims.
The Punjab Law Secretary and the Pakistani Law and Justice Commission were instructed by the court to receive copies of the ruling.
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The Women’s Asia Cup and Asian Games squads have been announced by the PCB.
The Pakistan Cricket Board (PCB) has named 15-member teams for the Women’s Asia Cup and the 20th Asian Games.
Regular captain Fatima Sana will lead the national team in both the competitions. She missed the current T20I series of Pakistan versus Sri Lanka due to her commitments in The Hundred.
The Women’s Asia Cup will be played in Dubai from August 28 to September 13.
Fatima Sana, Muneeba Ali Siddiqui, Shawaal Zulfiqar, Ayesha Zafar, Gul Feroza and Syaira Jabbeen are the six uncapped players included in the Asia Cup roster. Asia Cup is scheduled to be played in Bangladesh from August 30 to September 17.
The lineup for the Asian Games includes Alia Riaz, Tasmiya Rubab and Humna Bilal.
Pakistan are in Group A together with India, Thailand and Hong Kong, China. The national team will play Thailand on September 1, India on September 5 and Hong Kong, China on September 7.
Semi finals will be contested on September 10 and 11, with the final on September 13 at Dubai International Cricket Stadium. All matches will start at 7:30pm Pakistan Standard Time
Pakistan have been paired up with Thailand at the Asian Games. The national team will face Thailand in the fourth quarter-final at Koroogi Athletic Park in Aichi on September 17.
In the other quarter-finals India will play Japan, Bangladesh will meet China and Sri Lanka will face Malaysia.
Pakistan won gold medals in the women’s cricket competitions in the 2010 and 2014 Asian Games, and finished fourth in the 2022 edition.
Either Sri Lanka or Malaysia will meet Pakistan if they reach the semi-final this time. September 22nd is the date of the medal matches.
Pakistan will hold a national training camp at the National Cricket Academy in Lahore from August 16 to 25 as part of preparations for the Asia Cup.
Business
ECC allows increase in dealers’ margin on fuel, diesel
As a result of the approval of the Economic Coordination Committee (ECC), the margin that dealers make on gasoline and diesel has been increased by Rs1.34 per liter respectively.
In the course of an ECC meeting that was presided over by Senator Muhammad Aurangzeb, who is the Minister of Finance, the decision was made.
As a result of the approval, the manufacturers’ profit margin on gasoline and diesel will go up from Rs8.64 to Rs9.98 per liter.
This action is being taken with the intention of addressing the concerns of petroleum dealers and increasing the practicality of operations at gas stations.
Nauman Butt, Vise Chairman of the All Pakistan Petroleum Pumps Owners Association, expressed his satisfaction with the decision and expressed gratitude to Prime Minister Shehbaz Sharif and the Petroleum Minister for their approval of the hike.
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Pakistan Embassy in Washington unveils statue of Quaid-i-Azam
— A statue of Pakistan’s founder Quaid-i-Azam Muhammad Ali Jinnah has been erected at the Pakistani Embassy in Washington D.C.
The statue was unveiled Friday at a ceremony at the embassy marking Pakistan’s Independence Day celebrations, giving the occasion a historic and patriotic flavor.
The statue was unveiled by Pakistan’s Ambassador to the United States, Rizwan Saeed Sheik, at the ceremony attended by members of the Pakistani-American community, diplomats and members of the media.
The statue was donated to the embassy by the Houston-based Quaid-i-Azam Foundation and will be permanently installed in the Pakistani Embassy in Washington.
The installation comes as Pakistan prepares to mark the 150th birth anniversary of Quaid-i-Azam Muhammad Ali Jinnah this year. Speaking at the occasion, Ambassador Sheik paid honor to the founder of Pakistan for his political fight and hard efforts for foundation of the country.
The Independence Day celebration began with the hoisting of the Pakistani flag followed by the national song and recitation of verses from the Holy Quran. Messages of the president, prime minister and deputy prime minister on the occasion of Independence Day were also read out.
Addressing the gathering, Ambassador Sheik said Pakistan continued to be essential to the United States in the regional and global context.
In his Independence Day speech to Pakistan, US Secretary of State Marco Rubio also spoke of bilateral collaboration. Areas of collaboration are: regional mediation, key minerals, energy, counter-terrorism, cultural heritage, trade and investment.
Pakistan’s attempts toward regional mediation have also become important in the wake of continued tensions between the United States and Iran. Pakistan has sought to leverage its contacts with both Washington and Tehran to foster discussion and aid in defusing tensions.
There was also a particular honor at the event. Pakistani-American community leader and cultural ambassador Waqar Ali Khan was given President’s Medal for Pride of Performance for his decades-long services.
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