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Constitutional Petitions Nos.S‑82 and S‑84 of 1985, decided on 23rd April, 1986.
‑‑‑S.8‑‑Suit for dissolution of marriage, dismissal of‑‑Ground of Khula' not taken by wife in such suit‑‑Fresh suit on basis of Khula' whether maintainable‑‑Dismissal of wife's suit for dissolution of marriage not based on plea of Khula', held, would not debar wife from filing fresh suit for dissolution of marriage on ground of Khula'‑‑In case fresh suit on ground of Khula' was filed by wife and at time of filing such suit husband's suit for restitution of conjugal rights was also pending, both suits to be heard and decided together by same Family Court.
Abdul Mujeeb Pirzada for Petitioner.
Mazhar Ali S. Chohan for Respondent No.l.
Date of hearing: 23rd April, 1986.
This constitutional petition has been filed by the petitioner/ wife, whose suit for dissolution of marriage was dismissed by the Family Judge and the appeal filed by the petitioner was also dismissed by the learned District Judge, Dadu. I have heard Mr. Abdul Mujeeb Pirzada, learned counsel for the petitioner and Mr. Mazhar Ali S. Chohan, learned counsel for the respondent No.l/husband.
2. It is an admitted position that in the suit for dissolution of marriage filed by the petitioner before the Family Judge no plea was raised either in the plaint or in the arguments for grant of "Khula" and no statement was made by the petitioner in her evidence in connection with grant of "Khula". It was contended by the learned counsel for the petitioner that although no prayer was made for "Khula". The Family Judge should have granted "Khula". In the facts of this case, I am not inclined to pass an order for remand of the case but it is observed that the dismissal of petitioner's suit does not debar the petitioner from filing a fresh suit for dissolution of marriage on the ground of "Khula". With this observation, this constitutional petition is dismissed but with no order as to costs.
3. It has been pointed out by the learned counsel for the petitioner that the respondent No.l/husband has filed a suit for restitution of conjugal rights which is pending in the Court of Family Judge of Dadu. If a suit for dissolution of marriage on the ground of "Khula" is filed by the petitioner Mst. Khairan and at the time of filing such suit, the suit filed by the respondent Kambar Khan for restitution of conjugal rights is pending, both these suits will be heard by the same family Judge and decided together.
H.B.T./K‑2/K Order accordingly
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