Law: Family Courts Act, 1964

Section: 9(1)(a),9(1)(b),10(4)

Law: Family Courts Act, 1964

Section: 9(1)(a),9(1)(b),10(4)

West Pakistan Family Courts Act (XXXV of 1964)------S. 5, Sched. Ss.9 & 10---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for restitution of conjugal rights---Petitioner husband filed a suit for restitution of conjugal rights, against his wife who filed written statement and by way of set off, claimed a decree for dissolution of marriage on ground of Khula---Marriage was dissolved and wife gave up her claim to dower and maintenance etc.---Petitioner had contended that since suit for dissolution of marriage already filed by wife was pending, a set off could not have been claimed by her---Validity---Contention of petitioner was repelled as provisions of S.9(1)(a) & S.10(4) of West Pakistan Family Courts Act, 1964 applied to claim of set off by a husband in a suit filed by wife for dissolution of marriage wherein it had been stated that set off could be claimed where no earlier suit for restitution of conjugal rights was pending---No such condition, however was laid down in S.9(1)(b) of West Pakistan Family Courts Act, 1964, which enabled wife to claim dissolution of marriage by way of set off in a suit for restitution of conjugal rights filed by husband---Proviso to S.9(1) of West Pakistan Family. Courts Act, 1964 provided that S.10(4) (Proviso of the Act would apply where a decree for dissolution of marriage was to be passed in such circumstances. Mazhar Masood Khan for Petitioner. ORDER MAULVI ANWARUL HAQ, J.--- On 18-2-2006, petitioner filed a suit for restitution of conjugal rights against respondent No.2. She filed a written statement and by way of set off claimed a decree for dissolution of marriage on the ground of Khula. The efforts for…

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