Law: Dissolution of Muslim Marriages Act (VIII of 1939)

Section: 2

(a) Dissolution of Muslim Marriages Act (VIII of 1939)  S. 2-Muhammadan Law-Khula'-Grounds on which dissolution claimed not proved-Held, subject to limitations laid down in P L D 1959 Lah. 566, Court could consider circumstances whether marriage be dissolved on principle of khulal, even if such ground not taken in plaint-Court to consider whether rift between parties serious enough but not reason for same. -[Khula'-Muhammadan Law]. Bilqis Fatima v. Najam-ul-Ikram Qureshi P L D 1959 Lah. 566 rel. (b) Dissolution of Muslim Marriages Act (VIII of 1939)  S. 2--Muhammadan Law-Khula'-Pleadings containing allegations and counter allegations-Husband having lodged case of theft against wife (respondent)--Respondent re-marrying after dissolution of marriage and giving birth to a child-Marriage, held, rightly dissolved on principle of khula` and not interfered in writ jurisdic tion-Constitution of Pakistan (1973), Art. 199.-[Khula'- Muhammadan Law]. Date of hearing : 27th November, 1979.                                                                                                                                  JUDGMENT In the present writ petition the judgment and decree passed by the learned Additional District Judge, Sheikhupura dated 21st February, 1978 by which the judgment and decree of the Judge, Family Court, Sheikhupura dated the 31st July. 1977 was reversed. 2. Briefly the facts of the case are that on 14th of February, 1976 the respondent No. 1 filed a suit for the dissolution of marriage on the ground that her relations with the petitioner after about 3 years became strained on account of his cruel attitude to her. There were also the allegations against the petitioner for indulging in bad society and habitual drinking. The respondent No. 1 filed a suit for the dissolution of marriage containing various…