Law: Family Courts Act, 1964

Section: 5,Sched

Law: Constitution of Pakistan, 1973

Section: 199

Law: Dissolution of Muslim Marriages Act, 1939

Section: 2(viii)(a)(b),(f)

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Dissolution of Muslim Marriages Act (VIII of 1939), S.2(viii)(a)(b) & (f)---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Dissolution of marriage on ground of Khula'--­Validity---Suit for dissolution of marriage, recovery of dower, dowry and maintenance---Both Family Court and Appellate Court granted decree for dissolution of marriage in favour of plaintiff on ground of Khula', while her prayer for dower, dowry and maintenance were dismissed---Maintenance decree was granted to the extent of minor son only---Plaintiff had alleged that Family Court was not vested with powers to waive off her demand of dower, dowry, maintenance and pass decree for dissolution of marriage on basis of Khula' of its own when plaintiff had prayed for dissolution of marriage on ground of cruelty of defendant towards her---Plaintiff in her evidence had levelled charges against defendant that he was cruel, always quarrelled and beat her physically; that she was ousted twice by defendant from his house; that defendant had kept a boy for immoral purpose and that he never paid maintenance to her nor for her child---Witnesses produced by her had confirmed her deposition---Even some-of relevant cruel facts were also admitted by father of defendant in his evidence---Evidence on record had indicated that conduct of defendant was such which definitely fell within ambit of S.2(viii)(a), (b) & (f) of Dissolution of Muslim Marriages Act, 1939---Defendant had contracted second marriage and he was not treating plaintiff equally, he made her life miserable, subjected her to mental torture and agony---High Court allowing Constitutional petition filed by wife, set aside concurrent s and decrees of Courts below and granted decree of dower, dowry and maintenance besides dissolution of marriage on ground of cruelty instead of Khula'. JUDGMENT QAZI EHSANULLAH QURESHI, J.----Mst. Saadia Begum petitioner herein has moved the instant Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 with the following prayer:- "It is therefore respectfully prayed that by…

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