Section 5, Schedule and Section 7 Dowry and the Gift of Gifts (XLIII) Act (1976) Section 2 (a) Civil Procedure Code (v. 1908), Section 10 Constitution of Pakistan, Article 199 Constitution of the bride by husband after dissolution In order to recover the gifts, the marriage decision was not decided on the basis of the previous case merit, the scope of the petition petitioner / wife filed a lawsuit to dissolve the marriage on the basis of the khala on which the defendant / husband decided to give the gold. Resist with claims of jewelry collection. The trial court dismissed the petitioner's / wife's case as a bridal gift to the extent of dissolving it on the basis of the case but the husband's claim for the recovery of gold jewelry / bridal gifts. To the extent, she was instructed to knock on the appropriate forum respondent / husband filed a fresh case before the Family Court for an order for the recovery of gold jewelry An appellate court accepted the respondent's / her husband's appeal and Trial court remanded for trial on merit The petitioner / spouse's argument was that in the presence of the first decision of the Family Court, under which no relief was given to the defendant / husband, the second case was not authorized and the same was again struck by the principle of justice. The Family Court's preliminary decision was not on the merits of the dispute, so, a later case will not be re-judged by the judiciary so it can be said that the hearing and finally the decision was made, the decision in the previous case must be made. Subsequent recovery case was authorized Constitutional petition was rejected \ r \ n \ r \ n
