Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------Ss. 5 & 15---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Claim of dower and maintenance by wife---Marriage between the spouses had already been dissolved through Khula by the Family Court by way of a decree in favour of wife wherein it had been found that she was not entitled to claim maintenance or the dower amount---Wife-respondent in circumstances, had not come to the Court with clean hands as she was very much aware of the fact that marriage between the spouses stood dissolved and she had forgone the claim in lieu of Khula'---Constitutional petition of the husband was accepted in circumstances. Abdul Rashid Randhawa for Petitioner. Nemo for Respondents Nos. 1 and 2. Mrs. Shaista Qaiser for Respondent No.3. Date of hearing: 25th February, 2002. JUDGMENT This be considered as an admitted case. 2. The brief facts in the instant writ petition are that respondent No.3 filed a suit for the recovery of dower amount of Rs.50,000 which was contested by the present petitioner. The issues were formulated. The evidence was produced and vide judgment and decree dated 3-5-2000 the suit was decreed. The petitioner assailed this impugned judgment and decree in appeal which too was dismissed on 26-4-2001. Prior to the filing of this suit the respondent No.3 filed a suit for dissolution of marriage against the petitioner on 27-11-1998 on the basis of Khula'. The same was decreed in her favour in lieu of dower on the basis of Khula' and a clear judgment was made by the learned Family Court Judge, that she will not be entitled to claim any maintenance or dower amount from; the petitioner. The petitioner has assailed the impugned judgments in .the; instant writ petition. 3. The precise arguments advanced by the learned counsel for the petitioner are that the suit for dissolution of marriage was decreed in favour of respondent No.3 and it was a speaking judgment clearly directing respondent No.3, the plaintiff of that suit, that she will not be entitled to claim any, maintenance or dower amount. No appeal was filed against that judgment by either side, therefore, the same attained finality. The…

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