Umer Farid Khan vs Dr — 2026 MLD 298 ISLAMABAD

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Umer Farid Khan VS Dr. Syeda Uzma Saeed Ss.5, Sched. & 10---Civil Procedure Code (V of 1908), Ss.36, 48, 74 & O.XXI, R.8---Suit for dissolution of marriage on the basis of khula---Dower, return of---Obligation upon wife---Scope---Execution of decrees---Principles---Scope and procedural framework---Respondent No.1, during marriage with the petitioner, filed a suit before the family court seeking dissolution of marriage through khula along with recovery of dowry articles and maintenance---During the pendency of proceedings, the family court dissolved the marriage by way of khula subject to the condition that 25 tolas of gold be returned to the respondent at the time of dissolving marriage as dower---The petitioner later filed an execution petition seeking enforcement of the said order, which was dismissed---The matter travelled to various forums including the High Court and upon remand, the final appeal of the petitioner was dismissed by the district court---The petitioner then filed the present constitutional petition challenging the order of the family court dismissing execution as well as the appellate judgment--- Held: Part II of the C.P.C. dealt with execution and its Ss.36 &74 were relevant---Moreover, Order XXI of the C.P.C. prescribed a detailed procedure for the execution of decrees and orders---According to S.36 of C.P.C., petition for execution of orders was competent/maintainable---Where a court had jurisdiction to adjudicate upon a lis and to pass orders then it could also enforce such orders---It was an admitted fact that order passed by family court whereby decree for dissolution of marriage on the basis of khula subject to return of dower i.e. 25 tolas of gold by respondent No.1/wife as well as judgment and decree of the appellate court with the same condition were still intact and the respondent No.1/wife had not challenged them before the appellate forums---Respondent No.1/wife failed to justify how without the return of dower, respondent had contracted second marriage and failed to provide any reasoning for non-compliance of orders passed by courts below---Respondent No.1/wife was directed to return the dower i.e. 25 tolas of gold to the petitioner/husband---Constitutional petition was allowed, in circumstances.

Umer Farid Khan vs Dr — 2026 MLD 298 ISLAMABAD

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