Law:

Section:

Azad Jammu and Kashmir Family Courts Act (XI of 1993)-------S. 5, Sched. & S.14---Dissolution of marriage on ground of Khula'---Considerations---Plaintiff wife (married when she was minor) filed suit for dissolution of marriage against defendant (husband) on the ground of option of puberty, cruelty and in the alternative on the ground of 'Khula'---Family Court passed a decree for dissolution of marriage on ground of 'Khula' without any consideration---Validity---If a wife would fail to prove all the grounds taken by her in the plaint for the dissolution of marriage, even then a decree on the basis of 'Khula' could be passed in her favour, keeping in view the peculiar facts and circumstances of the case---Record, in the present case, had proved that the plaintiff could not prove the factum of cruelty, but had averred in the plaint that she could not live with the defendant at any cost---Plaintiff had also levelled certain allegations against the character of the defendant---Keeping in view the difference of age between spouses, the court below had rightly found that the plaintiff had developed a fixed aversion against the defendant; and that it was impossible for them to live a happy life within the limits ordained by Allah and rightly passed a decree for dissolution of marriage on ground of 'Khula'---When a tie of marriage was annulled on the ground of 'Khula', the wife had to pay the husband full or part of the consideration, she had received from her husband at the time of the contract of marriage as determined by the court---Plaintiff in the present case had admitted that dower amounting Rs.1,82,781 was fixed at the time of marriage which was paid to her in shape of ornaments; she however, averred that said amount was snatched away by the defendant which was in his possession---Defendant had refuted the claim of plaintiff and contended that said ornaments were still in her possession---Burden of proof of said fact was upon the plaintiff, but she failed to produce the cogent, sufficient and reliable evidence to discharge the burden of proof---Evidence of the plaintiff was vague and fictitious which could not be relied upon---Held, that the ornaments were…

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