2007 PLP 630 (CLC)
SHOUKAT HAYAT — Petitioner Versus JUDGE, FAMILY COURT, FATEH JANG and another — Respondents
| Citation | 2007 PLP 630 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | SHOUKAT HAYAT — Petitioner Versus JUDGE, FAMILY COURT, FATEH JANG and another — Respondents |
Q1: What are the key laws and sections cited in 2007 PLP 630 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 630 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 630 (CLC) (SHOUKAT HAYAT — Petitioner Versus JUDGE, FAMILY COURT, FATEH JANG and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mazhar Masood Khan for Petitioner.
Headnotes / Summary
S. 5, Sched. Ss.9 & 10
Constitution of Pakistan (1973), Art.199
Constitutional petition
Suit for restitution of conjugal rights
Petitioner husband filed a suit for restitution of conjugal rights, against his wife who filed written statement and by way of set off, claimed a decree for dissolution of marriage on ground of Khula
Marriage was dissolved and wife gave up her claim to dower and maintenance etc.
Petitioner had contended that since suit for dissolution of marriage already filed by wife was pending, a set off could not have been claimed by her
Contention of petitioner was repelled as provisions of S.9(1)(a) & S.10(4) of West Pakistan Family Courts Act, 1964 applied to claim of set off by a husband in a suit filed by wife for dissolution of marriage wherein it had been stated that set off could be claimed where no earlier suit for restitution of conjugal rights was pending
No such condition, however was laid down in S.9(1)(b) of West Pakistan Family Courts Act, 1964, which enabled wife to claim dissolution of marriage by way of set off in a suit for restitution of conjugal rights filed by husband
Proviso to S.9(1) of West Pakistan Family. Courts Act, 1964 provided that S.10(4) (Proviso of the Act would apply where a decree for dissolution of marriage was to be passed in such circumstances.
Judgment & Decree
MAULVI ANWARUL HAQ, J.
On 18-2-2006, petitioner filed a suit for restitution of conjugal rights against respondent No.2. She filed a written statement and by way of set off claimed a decree for dissolution of marriage on the ground of Khula. The efforts for reconciliation between the parties were made which failed. The statement of the lady was recorded and the marriage was dissolved. She gave up her claim to dower and maintenance etc.
2. Learned counsel for the petitioner argues that since a suit for dissolution of marriage already filed by the respondent on 5-1-2006 was pending, a set off could not have been claimed. He refers to section 9(1)(a) of the Family Courts Act, 1964. Further contention is that the provisions of section 10(4) are applicable only to a regular suit for dissolution of marriage and not to the set off.
3. I have given some thoughts to the said contention and found the same to be without any force: The provision being relied upon by him applies to a claim of set off by a husband in a suit of his wife for dissolution of marriage wherein it has been' stated that the set off can be claimed where no earlier suit for restitution of conjugal rights is pending. However, there is no such condition in section 9(1)(b) of the Family Courts Act, which enables a wife to claim dissolution of marriage by way of set off in a suit, for restitution of conjugal rights filed by the husband. The proviso to section 9(1) of. the said Act lays down that section 10(4)(proviso) shall apply where a decree for dissolution of marriage is to be passed in said circumstances. Writ petition is accordingly dismissed in limine. H.B.T./S-22/L Petition dismissed.