Law: Family Courts Act, 1964

Section: 5, Schedule,17

Law: Family Courts Act, 1964

Section: 14

Law: Civil Procedure Code (V of 1908)

Section: 10,11,O.VII,XII,R.1,11,14

Family Courts Act (XXXV of 1964)--- ----Ss. 5, Sched. & 17 ---Civil Procedure Code (V of 1908), S.11 & O. VII, R.11---Suit for recovery of dower---Res judicata, principle of---Applicability---Scope---Rejection of plaint---Scope---Wife filed suit for recovery of deferred dower---Wife in an earlier suit, had claimed the decree of haq mehr in question---Application for rejection of plaint by husband on the ground of res judicata, was dismissed---Validity---Family Court, on conclusion of trial, had only granted the decree of maintenance allowance to the minors, whereas the prayer regarding haq mehr in question was not acceded to---Wife had, at the relevant time, remedy of appeal available under the law but she failed to avail the same and as such and decree passed by Family Court had attained finality---Subsequent suit claiming haq mehr in question was barred by principle of res judicata---Constitutional petition was allowed and plaint of wife was rejected, in circumstances. Muhammad Ramzan Shahid v. Additional District Judge Samundri and 2 others 2017 CLC 1272 and Mst. Sibghat Iqbal v. Muhammad Ishaque Nadeem 2017 CLC 329 ref. THIS JUDGMENT DELIVERED BY: JAWAD HASSAN, J.--- Through this Constitutional petition, the Petitioner has called in question the order dated 20.06.2017, passed by learned Judge Family Court, Ferozwala, whereby the application under Order VII Rule 11, C.P.C. filed by the Petitioner was dismissed. 2. Brief facts for the disposal of this Constitutional Petition are the Petitioner filed application under Order VII, Rule 11, C.P.C. for rejection of plaint for recovery of dower filed by the Respondent No.1, on the ground that the Respondent has earlier filed the suit for recovery of maintenance allowance and deferred dower/House measuring 6 marla, situated at Sharif Park, Kot Abdul Malik, District Sheikhupura duly mentioned in Column No.16 of Nikahnama on 02.10.2012, on the basis of same cause of action regarding the same subject matter i.e. said House. Further averred that the claim of dower/house had already been declined by the learned Judge Family Court vide judgment and decree dated 21.05.2014 but the learned trial Court after hearing…

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