Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Dissolution of marriage on ground of Khula'---Wife filed suit for dissolution of marriage on ground of option of puberty, but Court declined to grant dissolution of marriage on the said ground as the same was not established and instead ordered dissolution of marriage on ground of Khula'---Validity---Ground of Khula' was though not agitated by wife in the plaint, but Court in view of the conduct of parties concluded that parties could not live within the limits of God; that there was no use to order the continuation of hateful union of the parties and that it was in the interest of the parties that they should be separated so as to lead their independent and amicable life---High Court declined interference in the of Trial Court. Muhammad Abbasi v. Mst. Sarnia Abbasi 1992 CLC 937; Syed Dilshad Ahmad v. Mst. Sarwat Bi PLD 1990 Kar. 239 and Bashir Ahmad v. Mst. Nasreen and another 1991 CLC 1234 ref. JUDGMENT Briefly stated the facts are that Mst. Bushra alias Bashiran Bibi plaintiff/respondent No.2 filed a suit for dissolution of marriage on the ground of option of puberty against the defendant/petitioner. The defendant/ petitioner resisted her claim while submitting written statement. After the failure of pre-trial reconciliation proceedings the learned trial Court framed the following issues:-- (1) Whether suit is not maintainable in its present form as the plaintiff was major at the time of her Nikah and now her age is about 30 years? OPD (2) Whether the plaintiff is entitled to a decree of dissolution of marriage on the basis of option of puberty? OPD (3) Relief. 2. In support of her stand the plaintiff examined herself as P.W.1 and also brought on record the statement of Falak Sher , P.W.2. In rebuttal the defendant/petitioner recorded his own statement as D.W.1 and examined Ghulam Muhammad as D.W.2. 3. After going through the evidence produced by the parties the learned trial Court while declining to grant the dissolution of marriage on the ground of option of puberty, granted the said relief on the ground of Khula'.…

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