Law: Family Courts Act, 1964

Section: 5

Family Courts Act (XXXV of 1964)--- ----S. 5---Relief beyond pleadings---Respondent/wife sought dissolution of marriage on the basis of Khula---Trial Court dissolved the marriage subject to return of dower amount received by respondent/wife as Zar-e-Khula to petitioner/husband---Lower Appellate Court modified of Trial Court and set aside condition of payment of Zar-e-Khula---Validity---Pleadings ensured that each side was fully alive to the questions that were likely to be raised---Parties had an opportunity of placing relevant evidence before Court for its consideration---Lower Appellate Court could not exercise discretion to set aside any order which was not before it as a subject…

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