Law:

Section:

West Pakistan Family Court Act (XXV of 1964)--- ----Ss.10(4) & 5, Sched---Constitution of Pakistan, Art.199---Constitutional petition---Execution of decree for recovery of dower amount---Dissolution of marriage on the basis of khula---Scope---Contention of husband was that wife was required to relinquish her claim of dower--Validity---Decree for recovery of dower was passed in favour of wife and during pendency of appeal marriage was dissolved on the basis of khula without fixation of any consideration for khula---Amount of deferred dower would become due to be paid to the wife at the time of dissolution of marriage or at the time when husband died---Husband would not be entitled to receive anything back given by him to his wife if he divorced her--Wife would have to give something in lieu of her release if she wanted to desert her husband--Family Court was bound to restore dower received by the wife to the husband while passing decree for dissolution of marriage on the basis of khula---Wife could seek dissolution of marriage on the basis of khula and she would have to pay back what she had received from her husband if he did not relinquish the same and no upper limit had been fixed by the Holy Quran for consideration of khula---Wife had obtained decree for dissolution of marriage on the basis of khula and she could not claim amount of deferred dower as same could only be paid if divorce was given by the husband or he died---Impugned s and decree for recovery of dower would become redundant and in-executable which were set aside---Constitution petition was accepted in circumstances. Mst. Khrushid Bibi v. Baboo Muhammad Amin PLD 1967 SC 97; Muhabbat Hussain v. Mst. Naseem Akhtar and others 1992 PSC 1034 and Mst. Balqis Fatima v. Najm-ul-Ikram Qureshi PLD 1959 (Writ Petition) Lah. 566 ref. Verse No.229 of Surah Baqar and saying of Holy Prophet (peace be upon him) rel. THIS JUDGMENT DELIVERED BY: ATIR MAHMOOD, J.--- Succinct facts leading to the institution of the instant writ petition are that respondent No.3 Mst. Saba Ahmed (the respondent) filed a suit for recovery of the dower on 10-1-2008 with the averments that she was married with the petitioner Ali…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492