Law:

Section:

(a) Family Courts Act (XXXV of 1964)--- ----Ss. 5, Sched., Ss.7 & 17---Civil Procedure Code (V of 1908), Ss.10 & 1l---Suit for recovery of personal belongings after disposal of suit for gold ornaments---Res judicata, principle of---Applicability---Wife filed suit for dissolution of marriage and recovery of dowry articles which was decreed and thereafter another suit for recovery of gold ornaments was instituted which was also decreed and thereafter another suit for personal belongings was instituted which was dismissed---Validity---Plaintiff-wife was aware with regard to gold ornaments at the time of filing of suit for recovery of dowry articles---Wife could file multiple claims before the Family Court however once she had filed a suit with regard to specific subject matter then she could not be allowed to file a subsequent suit for the same relief---Facility of composite suit for dissolution of marriage along with other ancillary claims including personal property and belongings had been created for the wife---Wife was not bound to claim all the said reliefs in one suit but when she failed to claim in entirety in the second suit then principle of constructive res judicata would apply against any subsequent suit on the same subject---Impugned s and decrees passed by both the Courts below were set aside---Constitutional petition was allowed in circumstances. Muhammad Saleem and others v. Rashid Ahmed and others 2004 SCMR 1144; Malik Hashim Amir Khan v. Mst. Saadia Tabassum and another 2015 MLD 89 and Mumaraz Khan v. Rakhshanda Bibi 2012 CLC 517 ref. (b) Family Courts Act (XXXV of 1964)--- ----S. 17---Proceedings before Family Court---Applicability of---Provisions of Qanun-e-Shahadat, 1984 and Civil Procedure Code, 1908---Scope---Provisions of Civil Procedure Code, 1908 and Qanun-e-Shahadat, 1984 were not applicable to the proceedings before the Family Court except Ss.10 & 11 of Civil Procedure Code, 1908. THIS ORDER PASSED BY: SHUJAAT ALI KHAN, JUSTICE:---.--- Tersely, respondent No. 3 filed a composite suit for dissolution of marriage; return of dowry articles and maintenance, on 13.01.2010 which was contested by the petitioner. Upon conclusion of…

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