Law: Family Courts Act, 1964

Section: 5, Schedule,0(3),10(4)

Family Courts Act (XXXV of 1964) --------- ----------Ss. 5, Sched. & 10(3), (4) --------- Dissolution of marriage on the basis of khula --------- Procedure --------- Family Court dissolved marriage on the basis of khula and directed the wife to return dower amount --------- Validity --------- Family Court was bound to effect compromise or reconciliation between the parties --------- If no compromise or reconciliation was possible, Family Court could proceed to dissolve the marriage and pass a decree for dissolution of marriage --------- Statement of wife alone was determinative factor for dissolution of marriage on the basis of khula --------- Wife had to restore Haq Mehr received by her in consideration of marriage if marriage was dissolved on the basis of khula --------- Family Court was not bound to establish cruelty or non-payment of maintenance allowance before dissolving a marriage on the basis of khula --------- Impugned order passed by the Family Court did not suffer from any jurisdictional infirmity --------- Constitutional petition was dismissed in limine. Fakkhar ud Din v. Kousar Taqreem PLD 2009 Peshawar 92; Muhammad Faisal Khan v. Sadia PLD 2013 Peshawar 12; Sajid Abbas Rizvi v. Noureen PLD 2013 Sindh 348; Muhammad Ashraf Butt v. Muhammad Asif Bhatti PLD 2011 SC 905 and Muhammad Anwar v. Illyas Begum PLD 2013 SC 255 distinguished. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, JUSTICE:---------- Through the instant writ petition, the petitioner (Khurram Naseer) has impugned the Order dated 17.11.2015, passed by the learned Judge Family Court (West), Islamabad, whereby the marriage between the petitioner and respondent No. 2 (Uzma Khurram) was dissolved writhe basis of khula under Section 10(4) of the West Pakistan Family Courts Act, 1964 (hereinafter referred to as "WP-FCA, 1964"). Furthermore, respondent No. 2 was directed to return the dower amount of Rs.25,000/- to the petitioner. As far as the rest of the claims made by respondent No. 2 in her suit for dissolution of marriage on the basis of cruelty and assault, recovery of maintenance and dower amount, and the claims made by the petitioner in his written statement, they were to be…

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