Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Civil Procedure Code (V of 1908), S.11--­Constitution of Pakistan (1973), Art.199---Constitutional petition ---Res judicata, principle of---Applicability---Scope---Dissolution of marriage on the basis of Khula'---Allegation of misappropriation of dowry articles of the lady---Lady filed fresh suit for recovery of dowry articles which was decreed---Validity---Petitioner/man contended in his Constitutional petition that the lady had filed a suit for dissolution of marriage, where issues regarding maintenance allowance and misappropriation of dowry articles were framed and were decided against the lady and marriage was dissolved in consideration of maintenance allowance and also articles of dowry vide and decree, therefore, the present suit was incompetent under the principles of res judicata and that in the earlier suit for dissolution of marriage she had failed to prove her case about the misappropriation of dowry articles---Validity---Judgment of Family Court in suit for dissolution of marriage could not be treated as res judicata as previous suit was a suit for dissolution of marriage and in the case of marriage dissolved on the basis of Khula' the consideration, could never be the recovery of articles of dowry or the maintenance allowance, which were independent rights of the marital spouses; Zar-e-Khula' could only be those benefits which the lady received and while claiming Khula' was bound to return---Maintenance allowance was an independent right which a party to wedlock attained by virtue of marriage and the suit rested on entirely different legal grounds and similar was the case of articles of dowry---Judgment of the Trial Court that the lady had foregone her right on articles of dowry while asking for Khula' was legally wrong and suffered from legal infirmity and non-suiting the lady/plaintiff on the basis of finding on issue of misappropriation of dowry articles in a suit for dissolution of marriage was the outcome of error of law and was rightly set aside in appeal by the Appellate Court. Akhtar Masood Khan for Petitioner. Ejaz Ahmad Chaudhry for Respondent. Date of hearing: 23rd…

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