Law: Family Courts Act, 1964

Section: 5,Sched

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964) --- ----S. 5, Sched.---Constitution of Pakistan, Art. 199---Constitutional petition---Dissolution of marriage on the basis of Khula'---Scope---Contention of wife was that she had not claimed dissolution of marriage on the basis of Khula'---Validity---Wife had sought dissolution of marriage on the ground of cruelty and torturous behavior of husband but same had not been pointed out by her---Cruelty had not been proved through oral or documentary evidence---Wife had developed severe hatred and she was not in a position to live with the husband---Trial Court had rightly found that there was no possibility for the parties to live together within the limits ordained by God and wife was entitled to the dissolution of marriage through Khula'---When cruelty was not proved and wife was not ready to live with the husband, there was no other option for the Family Court but to dissolve marriage on the basis of Khula'---Wife had not used word "Khula" but in her plaint she had narrated the facts which were the cause for filing of suit---No illegality, irregularity or jurisdictional defect had been pointed out in the impugned ---Constitutional petition was dismissed in circumstances. Mst. Saffiya Bibi v. Fazal Din and others 2000 YLR 2678; 2013 MLD 760; 2006 YLR 2204; 2004 CLC 17; PLD 1995 Lah. 287; 1993 MLD 1587; 1994 CLC 230; 1995 CLC 957; 1998 CLC 1929 and 2012 YLR 1488 rel. JUDGMENT MRS. IRSHAD QAISER, J.---Through this writ petition, the petitioner Mst Shazia Haider challenged the judgment and decree of the trial Court dated 30-4-2008 on issue No.5 whereby a decree was passed in favour of petitioner for dissolution of marriage on the basis of Khula' while the dower was restored to the plaintiff/respondent/husband. 2. The facts of the case are that respondent Gul Islam filed Suit No.43/FC against his wife Mst. Shazia and others for restitution of conjugal rights. The suit was contested by respondent/petitioner and she also instituted a suit for dissolution of marriage, recovery of dower, maintenance allowances and dowry articles. This suit was contested by respondent/husband. Pre trial proceeding were held but failed and…

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