Law: Family Courts Act, 1964

Section: 5

Law: Dissolution of Muslim Marriages Act, 1939

Section: 2

(a) Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Dissolution of Muslim Marriages Act (VIII of 1939), S. 2---Suit for dissolution of marriage---Grounds for decree for dissolution of marriage---Scope assailed and decree passed by Family Court whereby her marriage was dissolved on the basis of khula instead of cruelty by husband/respondent---Validity had not sought decree for dissolution of marriage on the basis of khula instead she had claimed dissolution on the ground that the respondent had contracted second marriage without seeking her permission, forced her out of his house and thereafter did not provide maintenance had proved that behaviour of respondent remained cruel towards her throughout---Family Court had erred in passing the decree for dissolution of marriage on the basis of khula, in circumstances---Constitutional petition was allowed accordingly. (b) Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Dissolution of Muslim Marriages Act (VIII of 1939), S.2---Suit for dissolution of marriage---Grounds for decree for dissolution of marriage---Plea of khula---Scope---Wife would lose her dower only if she seeks dissolution of marriage on the sole ground of khula and not when she urges other grounds in support of her case, unless the other grounds are not proved---Entitlement to receive dower or its retention would remain unaffected and intact, if wife proved other grounds like cruelty of the husband. Habib-ur-Rehman v. Additional District Judge, Lahore and others 1984 SCMR 1430 rel. (c) Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Dissolution of Muslim Marriages Act (VIII of 1939), S.2---Suit for dissolution of marriage---Grounds for decree for dissolution of marriage---Plea of khula---Scope---Woman married under Muslim Law is entitled to obtain a decree for the dissolution of her marriage on anyone or more of the grounds available under the law---Each ground is separate and enough for dissolution---Where marriage is dissolved on other grounds the result would have been the same irrespective of the fact that the plea of khula was raised or not---Legal rights cannot be curtailed by implication. (d) Administration of justice--- ---Legal…

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