Wife received only part of the gold ornaments as per the compromise verdict given by the arbitrators and it was ....

 Wife received only part of the gold ornaments as per the compromise verdict given by the arbitrators and it was specifically provided therein that she could demand the remaining tolas of gold at any time from the husband---Arbitration agreement and verdict nowhere stated that the wife could not agitate her grievance again in case of failure, neglect or refusal of the husband to act in terms of the said agreement---Object of the arbitration was to bring about a compromise between the parties and not to deprive the wife of her lawful right which was granted to her by the family court ---Wife had no choice but to knock at the door of the family court ---decree passed against the husband was still intact and executable---Compromise could not be construed as rendering the decree itself ineffective and the wife had never relinquished her entire claim against the husband---No legal impediment existed to file a second execution petition in case of withdrawal of execution petition from the Executing court if the decree had not been satisfied---Constitutional petition was dismissed.

PLD 2012 Pesh. 156
Hafiz MUHAMMAD YOUNIS
Versus Mst. SHAHEEN QURESHI

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