Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 10(4)---Constitution of Pakistan, Art.199---Constitutional petition---Khula---Suit for dissolution of marriage was decreed on the basis of khula subject to relinquishment of her dower amount by wife or portion of the plot equal to dower amount---Wife had developed aversion and hatred towards the husband---Settlement/agreement without any condition to surrender the right of gift on the part of wife was arrived at between the parties---Contention of husband was that after dissolution of marriage on the basis of khula, according to agreement, wife was bound to return the plot to husband, which was mentioned in Column No.16 of Nikah Nama---Validity---Under the Islamic Law, if the dissolution of marriage was made on the basis of khula, the wife was under an obligation to return/forgo the dower amount and the benefits derived from the husband but said principle was applicable when the khula was claimed by the wife without any fault of the husband but if the aversion or hatred was result of the conduct of the husband which could be mental or physical torture, non-payment of maintenance allowance etc., then the return of dower amount was not essential---Property having been given to wife as a bridal gift could not be termed as "Haqmehr"/Dower, therefore, it was not returnable in consideration of "khula"---Constitutional petition was dismissed. Flight LT. Anwarul Haasan Siddiqui v. Family Judge, Court No.III, Karachi and 2 others PLD 1980 Kar. 477; Abdul Majid v. Razia Bibi and another PLD 1975 Lah. 766; Mst. Khurshid Bibi v. Baboo Muhammad Amin PLD 1967 SC 97; Allauddin Arshad v. Mst. Neelofar Tareen and 2 others 1984 CLC 3369 and Mst. Saleha Babar v. Basit Saleem 2005 YLR 1648 distinguished. 2005 CLC 1844. 2006 CLC 1662; 2006 SCMR 100; PLD 2009 Lah. 227; PLD 2009 Lah. 484; Abdur Rashid and another v. Mst. Shaheen Bibi and 2 others PLD 1980 Pesh. 37; Shakeel Saood Khan v. Rizwana Khanum and another PLD 2012 Lah. 43 and Mst. Mussarat Iqbal Niazi v. Judge Family Court and others 2013 CLC 276 ref. Talat Farooq Sheikh for Petitioner. Muhammad Shahnawaz Khan for Respondents. Date of hearing: 7th March, 2014. JUDGMENT…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492