Law:

Section:

(a) Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 8---Dissolution of marriage on the basis of Khula'---Principle of res judicta---Applicability---Principle of res judicata with regard to plea of Khula' is .not applicable in case of dissolution of marriage---Wife get fresh cause of action to approach Family Court in view of fresh circumstances and subsequent events which may take place between the parties after withdrawal of previous suit. (b) Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 8---Constitution of Pakistan (1973), Art.185(3)---Dissolution of marriage on the basis of Khula'---Principles of res judicata--­Applicability---Condition in Nikahnama,\ restraining wife from approaching the Family Court for Talaq on the ground of Khula'--­Contention of husband was that on the basis of .such condition, the wife could not seek dissolution .of the marriage and that earlier suit for dissolution of marriage was withdrawn, therefore, principles of res judicata were applicable in the suit---Validity---Family Court had rightly found that condition in Nikahnama restraining the wife from approaching Court for Talaq on the ground of Khula' was not legal condition which could not prevent the wife from seeking dissolution on the ground of Khula' from the competent Court---Family-Court also rightly found that in view of evidence on record it was not possible between the parties to live together within the limits of Allah---Findings of the Family Court were affirmed by the High Court---No misreading or non-reading of evidence was pointed out by the husband---Subsequent suit for dissolution of marriage on the ground of Khula' was not barred as in such cases recurring cause of action could accrue to the party---All the Courts below had given concurrent finding with regard to the right of wife for seeking dissolution of marriage on the ground of Khula'---Leave to appeal was refused. Dost Muhammad v. Mst. Maqsoodan Bibi PLD 1985 Lah. 340 and Amir v. Mst. Sughran and others 1991 CLC Note 225 at p.176 ref. JUDGMENT HAMID ALI MIRZA, J.---This civil petition for leave to appeal is directed against the judgment dated 5-11-2002 in I.C.A., No.77 of 2002 (Malik Ghulam…

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