Relief beyond pleadings

Trial Court dissolved the marriage subject to return of dower amount received by respondent/wife as Zar-e-Khula to petitioner/husband

Lower Appellate Court modified judgment of Trial Court and set aside condition of payment of Zar-e-Khula

Validity

Pleadings ensured that each side was fully alive to the questions that were likely to be raised

Parties had an opportunity of placing relevant evidence before Court for its consideration

Lower Appellate Court could not exercise discretion to set aside any order which was not before it as a subject matter

Relief sought beyond pleadings or in variance to pleadings, could not be granted

High Court set aside order passed by Lower Appellate Court as the same was illegal and irregular

Constitutional petition was allowed, in circumstances.

No relief could be granted beyond pleadings.

Not grantable.