Law: Family Courts Act, 1964

Section: 5,Sched,(PartI),17

Law: Family Courts Act, 1964

Section: 5,Sched,(PartI),17

Law: Civil Procedure Code (V of 1908)

Section: 11

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5, Sched. (Part I) & S.17---Civil Procedure Code (V of 1908), S.11---Specific Relief Act (I of 1877), S.21---Suit for specific performance of agreement between spouses---Second suit---Maintainability---Res judicata, principle of---Applicability---Scope---Earlier suit filed by petitioner for custody of children had been dismissed by Family Court and attained finality uptil the Supreme Court---Second suit instituted by petitioner to determine right of visitation based on an agreement between spouses fell within the exclusive jurisdiction of the Family Court---Petitioner had not agitated right of visitation in the earlier suit but it was deemed to have been directly and substantially in issue in the earlier suit---Principle of res judicata applied in the case and court seized with second suit could not try the same in view of section 11, C.P.C.---Second suit was also not maintainable in view of section 21 of Specific Relief Act, 1877 as it was based on an agreement which contained a promise by respondent to arrange meeting of petitioner with minors till an indefinite period---Both courts below having rightly dismissed the suit and appeal, revision was dismissed with costs. Khan Baig Janjua for Petitioner. ORDER IJAZ AHMAD, J.--- Iqra Shahzadi and Aqsa Shahzadi two daughters were born out of the wedlock of the parties. The dispute besides the other matters regarding the custody of minors was resolved by the Arbitration Council. The petitioner was made to pay Rs.1000 p.m. to each of the minors. Land measuring 5 marlas was agreed to be transferred to the minors. The petitioner was held to have a right to see the minors on every Sunday. An agreement dated 22-7-2009 in this regard was executed between the parties. The petitioner later on instituted a suit for the custody of the minors before the learned Guardian Judge, Pindigheb on 1-9-2009. The suit, appeal and the writ petition were dismissed. The petitioner then preferred C.P. No.531 of 2010 before the august Supreme Court of Pakistan. It was dismissed vide judgment dated 11-5-2010 in the following terms:-- "We have heard both the sides and have gone…

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