Law:

Section:

Azad Jammu and Kashmir Family Courts Act (XI of 1993)-- ----S. 5, Sched---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 42---Appeal to Supreme Court---Dissolution of marriage---Khula---Scope---Both the Family Court and Shariat Court had concurrently decreed the suit for dissolution of marriage on the basis of khula---Contention of husband was that suit for dissolution of marriage was filed on the ground that he was impotent and not on the basis of khula---Validity---No law could compel wife to live with husband when she had stated that at every cost she wanted separation and was not willing to live with her husband---Spouses should be separated if it was impossible for them to live together within the limits ordained by Almighty Allah---Although main ground for seeking the decree for dissolution of marriage was that husband was impotent, however, at the same time from the statement of wife it could be conceived that she did not seem to live with the husband as a wife, in such circumstances, it would be immaterial to discuss that whether husband was potent or impotent---Marriage could be dissolved on the basis that court was satisfied that spouses could not live as husband and wife within the limits ordained by Allah and it was not necessary that same could only be dissolved on the basis of khula---Both the courts below had attended the controversy in a legal manner and passed the impugned s while assigning the solid reasons---No illegality or irregularity had been pointed out in the impugned s---Appeal was dismissed in circumstances. Mst. Ayesha Shaheen v. Khalid Mehmood and another 2013 SCMR 1049 ref. Qur'anic verse No.229 of Surah Al-Baqarah; Mst. Naqeeba Begum v. Abdul Khaliq 2004 YLR 1719 and Shakila Bibi v. Muhammad Farooq 1994 CLC 230 rel. JUDGMENT RAJA SAEED AKRAM KHAN, J.---This appeal by the leave of the court has been directed against the judgment and decree of the learned Shariat Court dated 17-4-2013, whereby, the appeal filed by the appellant was dismissed. 2. The relevant facts necessary for disposal of the instant appeal are that the spouses contracted marriage on 26-1-2008, in lieu of dower, Rs. 1,00,000 (in shape of 5 tola…

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