Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 10(4) proviso, 5 & Sched.---Constitution of Pakistan Art. 199---Constitutional petition---Suit for dissolution of marriage and recovery of dower---Suit was decreed and marriage was dissolved by the Trial Court on the ground of Khula' instead of on the ground taken by the wife of cruelty by the husband and Trial Court gave no directions for return of benefits to the wife---Appellate Court modified said judgment of Trial Court and found that the total dower fixed between the parties was 25 tolas of gold out of which the wife received 8 tolas at the time of the Rukhsati and out of the remainder 17 tolas of gold, 9 tolas were held to be "Badl-e-Khula" and therefore, the wife would have to surrender her claim to that extent and would be entitled to receive the remaining 8 tolas of gold only---Contention of the wife (petitioner) was that the total dower was 50 tolas of gold since dower was enhanced later by the husband through an agreement executed at the time of marriage in view of the findings of a "jigra"---Validity---Wife had failed to prove the existence of such a decision by a "jirga"---Wife herself had not claimed dissolution of marriage on the basis of "khula" but had claimed dissolution of marriage on the basis of non-payment of dower and cruelty by the husband and had led evidence in such regard, but the same was not held to be sufficient to be relied upon by the courts below---Trial Court by considering that the spouses could not live within the limits ordained by Almighty Allah dissolved the marriage not on basis of the grounds taken by the wife, but on the basis of khula, and in said situation, it became the direction of the Trial Court to fix the amount of "Badl-e-Khula", keeping in view the peculiar facts of the case---High Court modified the judgment of the Appellate Court and keeping in view the period of wedlock between the parties, reduced "Badl-e-Khula" from 9 tolas to 5 tolas and directed that the wife would be entitled to receive the remaining 12 tolas of gold---Constitutional petition was disposed of accordingly. Muhammad Riaz v. Mst. Noorul Islam and 2 others 1998 CLC 1936 and Dr.…

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