Law: Family Courts Act, 1964

Section: 5, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched. ---Constitution of Pakistan, Art.199--Constitutional petition--- Trial Court decreed the suit for dissolution of marriage on the basis of Khula whereafter plaintiff filed suit for dowry articles and dower money---Suit for dowry articles was decreed but Trial Court dismissed suit for dower money---Appellate Court accepted appeal of plaintiff/wife---Defendant/husband contended that the plaintiff/ wife having obtained decree for dissolution of marriage on the basis of Khula was obliged to return all the benefits she had received from him---Validity---Plaintiff returned the dower money to defendant after her suit for dower money was dismissed---Defendant neither challenged the decree for dissolution of marriage nor claimed the return of agricultural land given to her on account of dower at the time of Nikah in suit for dissolution of marriage--Defendant could not claim the return of said agricultural land at belated finality, same could not be modified in another/subsequent suit for recovery of dower money---Constitutional petition, being without force, was dismissed. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD TARIQ, J.- Through this writ petition, the petitioner has assailed the judgment and decree dated 17-6-2010 passed by learned Additional District Judge Lahore who set aside the judgment and decree dated 9-1-2010 passed by the learned Judge Family Court, Lahore to the extent of dower amount and decreed the suit of recovery of dower amount of respondent No.2/plaintiff. 2. The cause of action as given in the writ petition is that respondent No.2 filed a suit for dissolution of marriage on the basis of Khula which was decreed vide judgment and decree dated 13-11-2007. Thereafter, respondent No.2 filed a suit for recovery of dower amount and dowry articles which were decreed to the extent of dowry articles vide judgment and decree dated 15-6-2009. However, the suit of respondent No.2 filed for recovery of dower amount was dismissed. On appeal respondent No.1 remanded the case to the learned Judge Family Court Lahore for deciding it afresh vide judgment and decree dated 14-9-2009. 3. The learned…

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