Law: Muslim Family Laws Ordinance, 1961

Section: 8,10

Law: Constitution of Pakistan, 1973

Section: 199

Muslim Family Laws Ordinance, 1961 (VIII of 1961)-- ----Ss. 8 & 10--Constitution of Pakistan, 1973, Art. 199--Constitutional Petition--Suit for dissolution of marriage, recovery of dowry articles--Exparte partially decreed--Appeal--Case was remanded to trial Court--Trial Court again decreed--Appeal--Exparte partially decreed--Application for setting aside exparte proceedings--Accepted--Appellate Court varied claim of Respondent No. 3--Mutual settlement--Consent decree--Challenge to--It is evident from order that petitioner alongwith his brother and learned counsel was present before learned Appellate Court when parties settled to resolve claims of dowry articles and dower on basis of statement of Muhammad Bin Faqeer Ullah on oath and in response to said mutual understanding learned Appellate Court issued notice to said person, who appeared and recorded his statement on oath on 21.03.2019, where-after learned Appellate Court on basis of his statement passed impugned order and decree dated 21.03.2019--Status of said impugned order and decree is that of consent decree, which is not appealable--Learned Appellate Court after mutual understanding of parties and statement of person agreed upon for settling issue with regard to dowry articles and dower has rightly passed impugned order and decree--Thus, there appears no illegality and jurisdictional error in impugned order and decree passed by learned Appellate Court warranting interference by this Court in exercise of extraordinary constitutional jurisdiction-Petition was dismissed. THIS ORDER PASSED BY: SHAHID BILAL HASSAN, JUSTICE---.--- Concisely, the Respondent No. 3 instituted a suit for dissolution of marriage, recovery of dowry articles valuing Rs. 14,45,000/-, Haq Mehr Rs.5000/- and plot measuring five marlas valuing Rs. 10,00,000/- against the present petitioner. The petitioner was summoned through all modes but neither the petitioner/defendant nor anyone appeared on his behalf, therefore ex parte proceedings were carried out against him. Learned Trial Court after recording exparte evidence of the Respondent No. 3/plaintiff and hearing arguments vide impugned ex parte judgment and decree dated 28.05.2018…

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