Law: Dissolution of Muslim Marriages Act, 1939

Section: 2

Law: Constitution of Pakistan, 1973

Section: 199

PLJ 2026 Karachi 8 Dissolution of Muslim Marriages Act, 1939 (VIII of 1939)-- ----S. 2--Constitution of Pakistan, 1973, Art. 199--Khula--Dower--Proper remedy--Writ petition--Doctrine of laches--Maintainability--It was cleared that marriage of respondent Mst. Ayesha D/o Karim Dad was dissolved in lieu of dower amount for which appropriate course for petitioner was to apply with same Family Court for recovery of said amount instead he filed this petition after about a passage of more than 02 years’ time which was hit by doctrine of laches and not maintainable, thus accordingly dismissed--Petition dismissed. [P. 9] A Order This petition is directed against the order dated 21st July, 2022 passed by learned Civil & Family Judge VIII, Karachi (Malir) in Family Suit No. 234 of 2021, whereby the marriage of the petitioner and respondent was dissolved by way of Khula. 2.       Learned counsel for the petitioner submits that the marriage was solemnized between the parties against the dower amount of 03 Tolla Gold, which the respondent was required to return as she obtained dissolution of marriage by way of Khula. He further submits that for that purpose the trial Court was required to frame issue for return of dower amount and decide the case on merits. He prays to allow the petition. 3.       Learned AAG submits that through impugned order dated 21st July, 2022, learned trial Court has already observed that dissolution of marriage was subject to dower amount, therefore, this petition is misconceived and not maintainable be dismissed accordingly. 4.       Heard arguments and perused the material available on record. On scanning of the record, it reveals that the respondent had filed Suit for dissolution of marriage by way of Khula. On failure of pre-trial reconciliation proceedings, learned trial Court proceeded and decreed the Suit of the respondent by making following observation in Para-4 of the order dated 21st July, 2022, which is reproduced…