Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 2,Shedule.

Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----S. 2 & Sched.---Suit for dissolution of marriage, recovery of dower, dowry articles and maintenance allowance---Cruelty---Scope---Appellant/ex-husband contended that respondent/ex-wife left his house on her own sweet-will and the marriage was dissolved by the Trial Court on the ground of Khulla, without determining the consideration of Khula---Respondent contended that due to severe physical and mental torture, she was forced to leave the house of appellant and marriage was dissolved on the ground of cruelty---Validity---Record revealed that decree was passed on ground of cruelty as issue was framed with regard to dissolution of marriage which appellant remained unable to deny---Findings recorded on said issue showed that respondent was not willing to populate with the appellant at any cost---Although the respondent , in her statement, prayed for a decree of dissolution of marriage on the ground of Khula, however, in her suit, she prayed for the decree on the ground of cruelty and Trial Court, after going through the averments of the suit and statements of the witnesses, had passed the decree of dissolution of marriage on the ground of cruelty and not on the ground of Khula---If the decree had been passed on the ground of Khula, then it should have been passed after determining the consideration---All the witnesses were unanimous in their statements to prove the element of cruelty---Cruel attitude was not confined physical violence, but the same included the mental torture, hateful attitude of husband or other inmates of the house and the circumstances in presence of which the wife was forced to abandon the house of her husband---Nothing had been brought on record that respondent left the house of the husband at her own, rather she was forced to leave the same, therefore, the element of torture and cruel attitude had been proved through cogent and reliable evidence---Trial Court had rightly observed that the respondent was entitled to get the decree for dissolution of marriage on the ground of cruelty---Appeal was dismissed accordingly. Syed Imtiaz Hussain Shah and another v. Mst. Razia Begum and…

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