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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
Criminal
Provisions referred to
S. 5; S. 17---C; S. 11---M; Civil Procedure Code (V of 1908)

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---Maintenance allowance of wife, quantum of---Res judicata, principle of---Scope---First suit for recovery of maintenance allowance of wife was decreed subject to restitution of conjugal rights of the husband---Subsequent suit filed by wife for dissolution of marriage was decreed with higher rate of maintenance allowance for the period of iddat---Held, that the changed situation had required re-determination for such relief as in the earlier suit, grant of maintenance allowance had been made conditional upon compliance of wife with the decree for restitution of conjugal rights, which compliance had become unlawful due to dissolution of marriage---Maintenance allowance granted in the earlier suit had been granted for unspecified period of time, while in the subsequent suit, maintenance allowance for wife had been restricted till passage of period of iddat, which modification had also become necessary in the circumstances of the case---Subsequent suit in changed circumstances could not be held to be barred by the principle of res-judicata , even in respect of grant of maintenance allowance to the wife---Earlier decree (for grant of maintenance allowance) in favour of the wife would be deemed to have been substituted by the subsequent decree in her favour for all intents and purposes (to the extent of recovery of her maintenance allowance)---Constitutional petition was dismissed.

Other judgments reported in 2021 PLD

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