Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched---Muslim Family Laws Ordinance (VIII of 1961), S.7--­Divorce---Divorce-deed was not the requirement of law to be written on a stamp paper. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched---Suit for restitution of conjugal rights---Trial Court dismissed suit by husband, and decreed the suit for jactitation by wife against husband, but Shariat Court reversed of the Trial Court---Husband failed to obtain order of suspension against decree alongwith stay order from Shariat Court against the wife that she should not contract second marriage---Husband in his suit had clearly stated that wife wanted to contract second marriage with some other person--­Husband in his concise statement had stated that wife had contracted second marriage---Second husband of the lady had stated in the Court that she was the mother of a female child out of their wedlock---Appeal of husband had become infructuous before Shariat Court---Judgment of Shariat Court was set aside and suit filed by plaintiff stood dismissed and recorded in favour of wife by Trial/Family Court stood restored. Liaquat Ali Khan, Advocate for Appellant. Ch. Muhammad Sharif Tariq, Advocate for Respondent No. 1. Date of hearing: 21st January, 2002. JUDGMENT KHAWAJA MUHAMMAD SAEED, J.--- This appeal with leave of the Court is directed against the judgment of the Shariat Court passed on 18-5-2001, through which the appeal filed by the respondent was accepted and the suit filed by the appellant, herein, was dismissed. 2. The facts for the decision of this appeal briefly stated are that respondent Muhammad Asghar brought a suit for the restitution of conjugal rights against the present appellant before the Judge, Family Court, Mirpur on 4-2-1999, in which he contended that his marriage took place with the appellant on 13-11-1994 in lieu of Rs.1,00,000 dower. He claimed that Rs.50,000 was paid in cash at the time of Nikah ceremony of the parties besides ornaments worth Rs.28,996 to the respondent which are still in her possession. He further claimed that out of this wed-lock a daughter was born who is still alive. According…

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