Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 10(4) & 5, Sched.---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for recovery of dower and restitution of conjugal rights---Judgment and decree of Trial Court were well reasoned---Family Court dissolved marriage under S. 10(4) of West Pakistan Family Courts Act, 1964 but did not opt to order for return of benefits of marriage which was under its domain---Trial Court was bound to decide the matter of return of benefits of marriage---Husband was supposed to return gold in kind or its price prevailing at the time of its payment---Both the courts below had failed to exercise their jurisdiction in accordance with law---Findings of both the courts below were set aside---Constitutional petition was accepted in circumstance. Dr. Fakhr-ud-Din v. Mst. Kausar Takreem and another PLD 2009 Pesh. 92; Mst. Sarwat Begam v. Farmanullah and 2 others PLD 2012 Pesh. 164; Nasir v. Mst. Rubina and 2 others 2012 MLD 1576 and Mst. Ayesha Shaheen v. Khalid Mehmood and another 2013 SCMR 1049 rel. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.---By way of this single judgment, we intend to dispose of Writ Petitions Nos. 1275 of 2012, 217 and 1493 of 2013 as the subject matter is the same and common in all the three petitions between the same parties. 2. By way of Writ Petition No. 1275 of 2012, the petitioner has questioned the legality of the judgment and decree dated 27-9-2011 of Additional District Judge-IV, Peshawar whereby the appellate Court by partially allowing the appeal of respondent/ wife, set aside the judgment and decree of Civil Judge-VIII/Judge Family Court, Peshawar dated 28-2-2011 regarding restitution of conjugal rights. Whereas in Writ Petition No. 217-P/13, the petitioner has questioned the judgment, and decrees of the Judge Family Court and that of the appellate Court (in subsequent round of litigation) for dissolution of marriage. Writ Petition No. 1493-P of 2013 filed by present respondent Bibi Nasim is against order dated 14-2-2012 of Judge Family Court/executing Court whereby application dated 9-1-2012 of present petitioner for assessment of market value of five Tolas gold prevailing in…

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