Law: Family Courts Act, 1964

Section: 5.Sched,17

Law: Constitution of Pakistan, 1973

Section: 199

Law: Civil Procedure Code (V of 1908)

Section: 11,O.XXIII,R.1,12(1)

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5. Sched. & S.17---Civil Procedure Code (V of 1908), S.11 & O.XXIII, R.1---Constitution of Pakistan, Art.199---Constitutional petition---Suit for recovery of dowry articles including gold ornaments---Withdrawal of claim for gold ornaments given to plaintiff as marriage gift by defendant. finding mention in Column No.17 of Nikahnama far realizing same not to be recoverable as part of dowry---Filing of separate fresh suit for recovery of ornaments---Defendant's plea that fresh suit for ornaments was not maintainable for being barred by S.11, C.P.C. as claim made therein had been withdrawn earlier unconditionally---Suit for ornaments decreed by Family Court dismissed by Appellate Court---Validity---Provisions of C. P. C. except Ss.10 & 11 thereof would not apply to proceedings before Family Court by virtue of S.17 of West Pakistan Family Courts Act, 1964---Res Judicata would not apply to earlier suit for having been withdrawn, but not decided---Such ornaments for being bridal gift had become personal property of plaintiff, thus, was recoverable by her through such suit---High Court set aside impugned / decree and restored that passed by, Family Court in circumstances. Haji Mir Alam Shah v. Adam Khan and 16 others 2004 CLC 1100 ref. Dr. Asma Ali v. Masood Sajjad and others PLD 2011 SC 20 and Ejaz Mahmood v. Mst. Humaira and another 1983 CLC 3305 rel. Muhammad Akram v. Hajra Bibi and 2 others PLD 2007 Lah. 515 distinguished. (b) Civil Procedure Code (V of 1908)--- ----Ss. 11, 12(1) & O.XXIII, R.1---Filing of fresh suit after withdrawing earlier suit unconditionally---Res Judicata applicability of---Scope---Res Judicata would not apply to earlier suit for having been withdrawn, but not decided---Fresh suit would be barred under S.12, C. P. C. Nand Lal v. Mst. Lakhmi and others AIR 1939 Lah. 414 and Periaswami v. Vaidhilingan AIR 1937 Mad. 718 rel. ORDER ASAD MUNIR, J.---The marriage between the petitioner and respondent No. 3 was contracted by means of Nikahnama dated 24-7-2005 but the marriage was short-lived as respondent No. 3 on 14-8-2007 pronounced talaq on the petitioner. The talaq…

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