Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 14 & 5, Sched.---Constitution of Pakistan, Art. 199---Constitutional petition---Dissolution of marriage on the basis of Khula---Scope---Appeal---Competency---Wife filed suit for dissolution of marriage which was decreed on the basis of khula---Contention of wife was that plea of cruelty was not only alleged in the plaint but same had been proved through cogent evidence---Validity---Wife had claimed dissolution of marriage on the basis of cruelty and second marriage of husband etc.---Such pleas were specifically taken in the plaint and issue was also framed---Serious allegations were levelled against the husband in the statement recorded by the wife but husband had failed to record his statement and controvert the said allegations rather his attorney appeared for deposing on his behalf---Spouse could depose with regard to material relations in family cases and no one could be a better substitute---Husband had contracted second marriage which by itself was sufficient ground to dissolve marriage---Decision given or decree passed by Family Court was appealable---Logic behind non-provision of appeal in the dissolution case was to protect wife from costly and prolonged litigation---Wife could file an appeal against or decision of Family Court where her suit was not decreed on the basis of cruelty or other grounds recognized under Family Laws even if marriage was dissolved on the basis of khula---Appeal filed by the wife was competent as she had challenged the condition through appeal---If claim for dower was refused then same was appealable---Family Court had committed wrong while dissolving marriage on the ground of khula despite of availability of grounds alleged by wife---Where decree for dissolution of marriage was passed on the basis of cruelty and court had come to the conclusion that due to husband's machismo attitude and displaying his masculine aggressiveness had compelled the wife to ask for dissolution of marriage even on the ground of khula then court should refuse the return of dower amount or dowered property to husband or relieve him from payment of outstanding dower---Appellate Court had…

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