Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Constitution of Pakistan, Art. 199---Constitutional petition---Suits for recovery of dowry articles, dower, maintenance allowance and restitution of conjugal rights were decreed by the Trial Court but no appeal was filed---Judgments and decrees had attained finality---After lapse of two years, husband was estopped to call in question the validity of the same. (b) Dissolution of Muslim Marriages Act (VIII of 1939)--- ----S. 2(ii-a)---Constitution of Pakistan, Art. 199---Constitutional petition---Dissolution of marriage---Second marriage of husband as ground for dissolution of marriage---Contention of the wife was that husband had contracted second marriage without her consent---Suit was decreed by the Trial Court---Husband had failed to rebut the presumption attached to the entries of Nikah Nama---Husband had not taken consent or permission from wife to solemnize second marriage---Ground enumerated in S. 2(ii-a) of the Dissolution of Muslim Marriages Act, 1939 alone was sufficient to dissolve the marriage---Constitutional petition was dismissed. Aurangzeb v. Ejazul Hassan Khan and another PLD 1984 Pesh. 49 rel. THIS JUDGMENT DELIVERED BY: MRS. IRSHAD QAISER, JUSTICE:---.--- Arshad Habib petitioner has through the instant constitutional petition impugned the judgment and decree dated 31-3-2012 passed by Judge Family Court-II Haripur, in Suit No. 30/FC of 2011 for dissolution of marriage under The Dissolution of Muslim Marriages Act, 1939 and also called in question the judgment and decree dated 27-3-2010 passed by Judge Family Court, Haripur in Suit No. 130/FC of 2008. 2. The brief and essential facts leading to the present petition are that the petitioner and respondent No. 1 entered into marriage bond and their `Nlikah' was performed on 23-6-2005 and they were blessed with a male child, namely Abdul Mohez. It was alleged in the plaint that petitioner had already performed 'Nikah' prior to his 'Nikah' with respondent No. 1, who was divorced by the petitioner and separation between them was due to the conduct of the petitioner. The earlier round of litigation between the petitioner and…

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