Law: Civil Procedure Code (V of 1908)

Section: 5

Muhammadan Law-- ---- Civil Procedure Code (V of 1908), OXIV, R.5---Constitution of Pakistan (1973), Art.199---Framing of issue as to impotency of husband---Petitioner husband at conclusion of wife's evidence sought constitution of medical board with a view to establishing his potency, which was turned down by Trial Court on the ground that not only in view of pleadings of parties, framing of issue with regard to husband's impotency was not called for, but also requirement of same stood sufficiently negated on account of child's birth during currency of marriage between parties and non-pressing of same by respondent's counsel---Petitioner's further reiteration of same proposition met the same fate ---Validity--- Constitutional petition was misconceived in view of findings recorded by Trial Court and same appeared to have been designed to prolong litigation---Law also does not favour piecemeal adjudication of causes---Petition was dismissed in circumstances. Ali Akbar Qureshi for Petitioner. ORDER During the course of proceedings in the respondent's suit seeking dissolution of the marriage, alleging mental and physical torture; drug addiction causing diminution of "man's potentiality, harassment, peevishness and cruel behaviour", incompatibility of temperament; irretrievable aversion and hatred and lack of maintenance, including that of the wedlock's issue Miss Sitra, culminating into the following issues: "(1) Whether the defendant treates the plaintiff with habitual cruelty? Whether the defendant is addicted to intoxicants? Whether the defendant has failed to provide maintenance allowance to the plaintiff for the last two years? Whether the plaintiff is entitled to Khula`, if so, on what terms? Whether the plaintiff is entitled to recover her dower amount Rs.40,000 from the defendant?   Whether the plaintiff is entitled to recover maintenance…