Law: Family Courts Act, 1964

Section: 5

(a) Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Suit for dissolution of marriage on basis of Khula/wife claimed certain amount taken as loan from Bank for construction of house; Rs.50,000/- marriage expenses and Rs.25525/- dower amount out of which only 2000/- was paid---Trial Court dismissed the suit of respondent/wife---Appellate Court accepted her appeal, dissolved her Nikah, however, required her to pay Rs.100,000/- to the petitioner/husband in consideration of dissolution besides waiving remainder of her dower as she was the seeker of dissolution without resorting to conciliatory attitude and without making some sacrifice in saving the marital bond/welfare of her own children---Petitioner filed the revision petition to get the impugned /decree of the appellate Court set aside---Validity---Dispute between the parties was going on since long soon after their marriage which had been shown through evidence---Parties did not recall their mind to enter into compromise despite passing of 5 long precious years of their lives---Despite her claim in plaint that she was spending money from her salary for expenses of children, she did not file appeal/revision against decision of the appellate Court for reduction of the fixed amount etc., which clearly showed that she was unable to survive her life with the petitioner/wife tried two times for committing suicide and further disclosed her aim regarding losing her life in case of non-dissolution of her marriage---Revision petition was dismissed accordingly. (b) Islamic Law--- ----Khula---Personal reasons of wife---Disliking---Restoration of dower---Scope---Right of Khula accrues to wife for the redressal of irreconcilable grievance against her husband---Need to seek Khula can arise in two situations: firstly, the wife may be aggrieved of unbecoming attitude of her husband; and secondly, she may for her own personal reasons such as abhorrers/disliking for the husband to claim Khula---Where the disliking/hatred of the wife is not because of coercion/duress or other un-towards behaviour of the husband, the wife may seek separation by the restoration of dower and where the wife was constrained to seek divorce…

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