Q:

In a case that was decided by a civil court, a decree was passed in favor of the plaintiff. The suit regarding a divorce and re-marriage case, alluded to the law of the land but did not name Muslim Family Law Ordinance 1961, or the relevant section - just mentioned according to the law of the land. When such suit was submitted 5 years after the decree, the objection was raised by a third party that the decree/plaint / order do not refer to the relevant section or the MFLO 1961 while making a judgment, therefore, the decree provides insufficient grounds for acceptance. Could a new case be filed in a court either based on the previous suit or altogether new for a new decree? Or that Res Judicata applies?

Monday, October 16th, 2017 by ischaudhry

Answers

  1. Divorce was on the basis of Khula……?

    if so, then a decree of Divorce on the basis of khula is not appealable, secondly, it was not challenged within the time it has already attained finality.
    which rights of the third party are being affected by this judgment.,…?

    NO need to file the new suit, same decree ll be sufficient, if there is any clerical mistake it could be amended at this stage in a family matter.

    thanks