PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

KHAIR UD DIN vs Mst — 2021 PLD 85 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PLD 85 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PLD
Parties
KHAIR UD DIN vs Mst
Subject matter
Civil
Provisions referred to
S. 5; S. 17---C; S. 11---S; S. 11; S. 17; Civil Procedure Code (V of 1908); Civil Procedure Code; Family Courts Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KHAIR UD DIN VS Mst. SABIHA S. 5, Sched. & S.17---Civil Procedure Code (V of 1908), S. 11---Suit for dissolution of marriage---Application for restitution of conjugal rights by husband---Scope---Res-judicata, principle of---Applicability---Earlier suit for recovery of maintenance allowance filed by wife was decreed, however, prayer of the husband for restitution of conjugal rights had also been accepted vide the same judgment---Wife later filed a suit for dissolution of marriage which was decreed in her favour---Husband contended that when there was decree for restitution of conjugal rights existed in his favour, then subsequent suit of the wife for dissolution of marriage was not maintainable in terms of S.11 of the Civil Procedure Code, 1908---Held, that although S.17 of the Family Courts Act, 1964 provided that S. 11 of Civil Procedure Code, 1908 would apply to the family suits, but the Courts had not heard/decided the issue of dissolution of marriage in the earlier suit---Grant of a decree for restitution of conjugal rights could not preclude a wife from seeking dissolution of marriage thereafter---Family Court had rightly held that it was a recurring cause of action and so long as the wedlock subsisted, a suit could be brought for dissolution of marriage, unless such a relief was declined to a wife by a competent Court of law, after hearing a duly instituted suit on merit and when the situation remained unchanged---Principle of res judicata was not applicable in circumstances---Constitutional petition was dismissed.

Other judgments reported in 2021 PLD

Back to the case-law library · Search Pakistani case law in Urdu or English