Law: West Pakistan Family Courts Act, 1964

Section: 5 , 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----S.  5  &  Sched.---Constitution  of  Pakistan  (1973), Art.199---Constitutional  petition  ---Khula'---Return  of  "benefits "---Maintenance paid to wife by husband---Not "bents "---Suits for recovery of maintenance, and dower and subsequently filed suit for dissolution of marriage were decreed---Suit for dissolution of marriage on ground of Khula' was decreed with condition that wife would not be entitled to claim dower and maintenance in lieu of Khula' --Validity---Judgment and decree of Family Court to the extent of "dower" was correct in making decree conditional on returning the same---Suit for recovery of dower, however, having been decreed, wife would have to relinquish the same as decree for dissolution of marriage on basis of Khula' was sought by her-- Claim of maintenance, however, was not benefit received by wife from husband and, therefore, not returnable in case of Khula' for it was duty of husband to maintain his wife so long as she remained in wedlock---Petitioner (wife) was entitled to recover the same .in accordance with decree passed in suit for maintenance, which had not been challenged---Decree passed by Trial Court for dissolution of marriage on basis of Khula' to the extent of relinquishment of claim for maintenance allowance, therefore, was declared to be without lawful authority and of no legal effect. Abdul Majid v. Razia Bibi PLD 1975 Lah. 766 and Mst. Khurshid Bibi v. Muhammad, Amin PLD 1967 SC 97 ref. Mirza Muhammad Aziz-ur-Rahman for Petitioner. Ch. Inayat Ullah for Respondents. Date of hearing: 3rd December, 1997. JUDGMENT   The petitioner and Rehmat Ali, respondent No.2 were married. In the month of June, 1996, the petitioner instituted suits for recovery of maintenance and dower. Subsequently on 9-9-1996 she instituted suit for dissolution of her marriage. All the three suits were contested by respondent No.2 but were decreed against him on 2-5-1997 through separate judgments. The suit for dissolution of marriage was decreed on the basis of Khula' with the…