Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Dissolution of marriage on ground of Khula---Right to recover dower---Where parties did not mutually agree for separation by way of `Khula', the Court could allow same in consideration of the lady giving up her right to recover dower which was unpaid and restoration of other benefits. 1991 MLD 1732 rel. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---When petitioner had failed to show any illegality or irregularity in both s of the courts below, no justification existed for exercising constitutional jurisdiction by High Court. Muhammad Ramzan Khalid Joyia for Petitioner. Rana Khalid Mahmood for Respondents. Date of hearing: 11th January, 2007. JUDGMENT IQBAL HAMEEDUR RAHMAN, J.---The brief facts giving rise to the instant writ petition are that the petitioner filed three suits against the respondent Pir Muhammad Athar, one for dissolution of marriage, second for recovery of dower and the third for recovery of dowry articles while the said respondent filed a suit for restitution of conjugal rights. All the suits were consolidated and by a consolidated judgment dated 17-11-2003 passed by the learned Judge Family Court, Muzaffargarh, suit for dissolution of marriage was decreed in favour of the petitioner on the basis of Khula, suit for recovery of dower was disposed of with the observation that the petitioner shall forego her claimed dower as consideration of Khula, suit for recovery of dowry articles was partially decreed in favour of the petitioner to the extent of dowry articles mentioned in Exh.P.2 to Exh.P.13 but not the value thereof and subject to natural wear and tear and the suit for restitution of conjugal rights filed by the respondent was dismissed. Feeling aggrieved from the said consolidated judgment, the petitioner filed two appeals, which were dismissed by the learned Additional District Judge, Muzaffargarh vide judgment, dated 15-10-2004. Hence this writ petition. 2. It is contended by learned counsel for the petitioner that Haqul Mehr/dower could not be adjusted in consideration of Khula and the petitioner was…

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