Law: Muslim Family Laws Ordinance, 1961

Section: 7(6)

Law: Muslim Family Laws Ordinance, 1961

Section: 7(6)

Law: Civil Procedure Code (V of 1908)

Section: O.XLVII,R.1

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Constitution of Pakistan, Art.199---Constitutional petition---Dissolution of marriage on ground of 'Khula'---Re-union after dissolution of marriage---Review of the by High Court, application for---Suit filed by the plaintiff for dissolution of marriage on ground of Khula was decreed by the Family Court---Defendant challenged and decree of the Family Court in constitutional petition, which petition having been dismissed by the High Court, the defendant had filed application for review of the and decree on the ground that parties had decided for re-union---Plaintiff on whose request marriage was dissolved on the ground of Khula, conceded the request of defendant and stated that parties had settled their dispute and decided to re-union and were no more willing to implement the decree of 'Khula'---Pronouncement of 'Khula' by the court was a single divorce, as the defendant husband never accepted it voluntarily---Such kind of dissolution of marriage was known as "Talaq-ul-Ba'ayen"---Before re-union in such-like cases "Halala" was neither condition precedent nor the decree of 'Khula' was a hurdle in the way of re-union---No provision of law precluded the spouses from re-union, however, only condition was to perform a fresh 'Nikah'---Since, re-union of the parties after decree of 'Khula' was a result of a fresh contract, the and decree had no restraining effect upon re-marrying---Review of the s and decrees was not needed in circumstances---When the s and decrees attained finality, same would automatically become operative---Marriage having been dissolved, the s and decrees had become past and closed transactions---Once the and decree had been implemented, those would not remain in field---No question of review thus would arise, in circumstances. Fazal-e-Subhan v. Mst. Sabereen and others PLD 2003 Pesh. 1691 and Mst. Naila Parveen and otherrs v. The State and 2 others PLD 2011 Lah. 37 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XLVII, R.1---Constitution of Pakistan, Art.199---Review of passed in constitutional jurisdiction---Constitutional jurisdiction of High Court being an original…

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