Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S.13---Civil Procedure Code (V of 1908), S.48---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for recovery of maintenance allowance and dower---Suit was decreed ex parte by the Family Court and subsequently husband (petitioner) appeared before the Executing Court when the matter was settled through an arbitration agreement and the wife withdrew her execution petition---Thereafter the wife filed another execution petition for satisfaction of the decree of the Family Court---Contention of the husband was that the wife was estopped from filing another execution petition after withdrawal of the first one and that it was stated in the arbitration agreement that in case of any dispute the matter shall be referred to arbitrators---Validity---Wife received only part of the gold ornaments as per the compromise verdict given by the arbitrators and it was specifically provided therein that she could demand the remaining tolas of gold at any time from the husband---Arbitration agreement and verdict nowhere stated that the wife could not agitate her grievance again in case of failure, neglect or refusal of the husband to act in terms of the said agreement---Object of the arbitration was to bring about a compromise between the parties and not to deprive the wife of her lawful right which was granted to her by the Family Court---Wife had no choice but to knock at the door of the Family Court---Decree passed against the husband was still intact and executable---Compromise could not be construed as rendering the decree itself ineffective and the wife had never relinquished her entire claim against the husband---No legal impediment existed to file a second execution petition in case of withdrawal of execution petition from the Executing Court if the decree had not been satisfied---Constitutional petition was dismissed. (b) Civil Procedure Code (V of 1908)--- ----S. 48---Second execution petition---Scope---Withdrawal of execution petition from the executing Court---No legal impediment existed to file a second execution petition in case of withdrawal of execution petition from the Executing Court if…

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