MUHAMMAD SUQRAT vs ADDITIONAL DISTRICT JUDGE Ss — 2023 CLC 1285 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 1285 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: MUHAMMAD SUQRAT vs ADDITIONAL DISTRICT JUDGE Ss
Subject matter: Civil
Provisions referred to: S. 10; S. 13; 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

MUHAMMAD SUQRAT VS ADDITIONAL DISTRICT JUDGE Ss.13 & 10(4)---Family Courts Rules, 1965, Rr. 16 & 17---Return/recovery of dower---Execution petition---Maintainability---Scope---Suit for dissolution of marriage on the basis of Khula was decreed subject to return of dower---Four tolas of gold ornaments was fixed as dower duly entered in Column of Nikah Nama---Executing Court turned down the objection of respondent/ex-wife that execution petition for recovery of Zar-e-Khulla was not maintainable---Appellate Court accepted the version/objection of respondent by allowing her revision petition---Held, that the decision of dissolution of marriage in terms of S.10(4) of the Family Courts Act, 1964, was compound, which on the one hand dissolved the marriage inter se parties and, on the other, said dissolution was made subject to return of dower---Manner and form of decree was prescribed in Rr. 16 and 17 of the Family Courts Rules, 1965, in light of which dissolution of marriage, on the basis of Khula subject to return of dower was a decree for all intent and purposes under S.13 of the Family Courts Act, 1964, and thus was executable---High Court set aside impugned judgment passed by the Appellate Court---Constitutional petition was allowed, in circumstances.

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