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Writ Petition No. 202 of 1983, heard on 14th November, 1983.

West Pakistan Family Courts Act (XXXV Of 1964)--

---S.5 & Schedule--Restitution of conjugal rights--Suit for restitution of conjugal rights decreed by Appellate Court on compromise between parties--Subsequently wife alleged that decree was obtained by husband as a result of practising fraud, threat and coercion--Case remanded with consent of parties to hold inquiry on plea of fraud, threat and coercion raised by wife.

Zafar Pasha Chaudhry for Petitioner.

Muhammad Asghar Shah and M.A. Majid Bajwa for Respondents.

Date of hearing; 14th November, 1983.

JUDGMENT

This writ petition arises out of the order, dated 6-1-1983 of the learned Additional District Judge, Sheikhupura.

2. Facts relevant for disposal of this petition, as per record, are that Jameel Ahmad respondent No. 1 filed a suit for restitution of conjugal rights before the Judge, Family Court, Ferozewala, District Sheikhupura. This suit was dismissed by the trial Court 'by judgment and decree, dated 21-9-1982. The respondent challenged this decree before the appellate Court. During pendency of the appeal, the parties allegedly entered into a compromise whereby the petitioner made a statement on 11-11-1982 before the learned Additional District Judge that she wanted to live with respondent No.l as his wife. On the very day, the suit was decreed. Subsequently, the petitioner submitted an application to the learned Additional District Judge for recalling the decree on the ground that the same was obtained by respondent No. 1 as a result of practising fraud, threat and coercion. This application was dismissed on 6-1-1983 on the ground that it was not maintainable.

3. Learned counsel for the petitioner contends that the learned Additional District Judge was certainly competent to grant relief to the petitioner, if he was satisfied that fraud had been committed by the opposite party. Learned counsel for respondent No.l has no objection, if the case is remanded to the learned Additional District Judge for holding an enquiry into the alleged fraud. Learned counsel for respondent No. l has also made a statement at the Bar that the petitioner has filed a suit for jactitation of marriage which is pending adjudication before the Judge, Family Court, Faisalabad. With consent of learned counsel for the parties, I direct the learned Additional District Judge to hold an enquiry on the plea of fraud and coercion raised by the petitioner and adjudicate upon this aspect of the matter in accordance with law. The result is that the impugned order, dated 6-1-1983 is set aside and the case is remanded to the learned Additional District Judge, Sheikhupura, for decision afresh. There shall be no order as to costs.

H.B.T.

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