Law: West Pakistan Family Courts Act, 1964

Section: 5

  West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Dissolution of marriage on ground of Khula'---Effect---Wife was bound to return benefits which she had received from her husband---Claim to receive benefits in future also would have to be relinquished in case wife claimed dissolution of marriage on ground of Khula`. Mst. Razia Begum v. Shabbir Hussain Shah PLD 1986 Azad J & K 73; Mst. Balqis Fatima v. Najm-ul-Ikram Qureshi PLD 1959 (W.P.) Lah. 566 and Mst. Khurshid Bibi v. Baboo Muhammad Amin PLD 1967 SC 97 ref. West Pakistan Family Courts Act (XXXV of 1964)-- ---S. 5 & Sched: --Constitution of Pakistan (1973), Art. 199---Dissolution  of  marriage  on  ground  of Khula'---Claim of maintenance---Constitutional jurisdiction---Exercise of---Wife was to forego her claim of maintenance as well as dower in lieu of decree for dissolution of marriage on principle of Khula`---Wife having failed to point out any misreading or non-reading of evidence, judgment and decree rendered by two Courts below of exclusive jurisdiction were unexceptionable and could not be interfered with in Constitutional jurisdiction of High Court. Ajmal Kamal Mirza for Petitioner. Talib Hussain Abbasi for Respondents. Date of hearing: 23rd January, 1994. JUDGMENT Mst. Farida Begum, petitioner before this Court was married to Muhammad Ashraf, respondent No. 1 on 27-4-1986. The deferred amount of dower of Rs.5,150 was fixed at the time of marriage. Parties lived together as husband and wife. Thereafter, differences appeared and they separated. The petitioner filed two suits against the respondent No. 1 namely a suit for dissolution of marriage on the ground of Khula` and a suit for payment of maintenance whereas the respondent No. 1 filed a suit against her seeking a decree for restitution of conjugal right. All the three suits were contested, consolidated and ultimately after recording of evidence, the learned Judge, Family. Court vide judgment and decree dated 3-1-1990 dismissed the suit for restitution, of conjugal rights filed by respondent No. 1 and maintenance suit filed by the petitioner and decreed the suit for…