Law: Family Courts Act, 1964

Section: 13,5,Sched

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 13, 5 & Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Return of benefits in lieu of dissolution of marriage on basis of Khula---Return of benefits by wife in lieu of Khula---Scope---Suit for dissolution of marriage on basis of Khula was decreed in favour of wife (petitioner) without any condition---Husband subsequently filed petition for return of benefits of Khula, which was allowed by Revisional Court---Validity---Suit for dissolution of marriage was decreed in favour of wife without any condition for return of anything in lieu of Khula---Court could dissolve marriage on basis of Khula without fixing any condition qua return of benefits received by wife as a result of marriage---Under S.13 of West Pakistan Family Courts Act, 1964, execution only lay against a /order and decree in favour of a party, but in the present case, no order or decree especially a decree for money was passed in favour of husband and therefore, his petition praying for return of benefits should have been dismissed---Revisional court made an error while passing impugned order, which was set aside accordingly---Constitutional petition was allowed, in circumstances. ORDER SHUJAAT ALI KHAN, J.--- By virtue of this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has called in question vires of judgment dated 18-6-2012 passed by the learned Additional District Judge, Liaqatpur, District Rahim Yar Khan (respondent No.1). 2. Shorn of unnecessary details, facts of the case, forming factual canvass of instant petition, are that the petitioner filed a suit for dissolution of marriage as well as for maintenance allowance before the learned Judge Family Court, Liaqatpur, District Rahim Yar Khan. During pendency of the proceedings of the said suit respondent No.2 filed an application for recovery of minors, house and articles received by the petitioner in lieu of marriage which was dismissed vide order dated 21-7-2011. Vide order dated 25-7-2011 suit of the petitioner qua dissolution of marriage was decreed on the basis of Khula. Respondent No.2 filed a petition…

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