Law: Muslim Family Laws Ordinance, 1961

Section: 8

Law: Dowry and Bridal Gifts (Restriction) Act, 1976

Section: 5

  Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 8---Khula'---Contention that all issues having been decided against wife, she was not entitled to the decree of divorce on the ground of Khula'---Held Khula` being an independent ground was not contingent on the, fate of other issues. Dowry and Bridal Gifts (Restriction) Act (XLIII of 1976)--- ----S. 5---Bridal Gift given by husband was absolute property of the wife under the provisions of the Act and could not be snatched away---Violation of such provisions would entail a penalty of fine and imprisonment. Ch. Abdul Majid Gondal for Petitioner. ORDER Petitioner's matrimony with respondent No.2 having been conceived, through Nikahnama dated 15-2-1985 did not prove to be successful, resultantly, the latter sought dissolution of the marriage on 13-10-1987 on the ground of habitual cruelty, false accusation of adultery, immorality, non-payment of maintenance and Khula` which was responded by the petitioner with a suit for restitution of conjugal rights and the learned trial Court having framed the following issues out of the consolidated pleadings of the parties:--- "(1) Whether the defendant has been habitually cruel to the plaintiff? OPP Whether the defendant is a man of bad character? OPP Whether the defendant accuses the plaintiff with false charges of adultery? OPP Whether the defendant has not maintained the plaintiff for a period over three years? OPP Whether the plaintiff has obtained any benefit out of this wedlock? OPD   Whether the plaintiff is entitled to the dissolution of marriage on the basis of Khula`? OPP (6-A) Whether the plaintiff has any justification to live separately from the…