Law: West Pakistan Family Courts Act, 1964

Section: 5 , 199

  West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5 & Sched.---Constitution of Pakistan (1973), Art. 199---Constitutional  petition  ---Khula'  ,  right  of ---Limitation---Khula' granted to wife by Trial Court---Validity---Right of Khula' has been circumscribed by requirement of Court being satisfied that spouses could not live within limits of Allah---Limits prescribed by Allah would mean directions regarding happy social life---Family Court's finding in granting khula' to wife was based on consideration of entire record pertaining to maltreatment and maintenance---Spouses admittedly had been living separately for about 19 months before filing of suit---Evidence on record clearly indicated that wife had developed a version to irretrievable extent and she was not prepared to live with the man as his wife---Husband had not provided any maintenance to her wife during entire period during which she had lived with her parents---Conclusions drawn by Family Court culminating into grant of Khula' to wife could not be termed unlawful or without jurisdiction so as to call for interference in exercise of powers under Art. 199 of the Constitution. Bidayatul Mujtahid by Ibn Rushd; Muhammad Rafi v. Atta Ullah Kausar and others 1993 CLC 1364 and Mst. Khurshid Bibi v. Baboo Muhammad Amin PLD 1967 SC 97 rel.   Mst. Bilqees Fatima v. Najmul Ikram Qureshi PLD_ 1959 Lah. 566; Syed Dilshad Ahmed v. Mst. Serwat Bi PLD 1990 Kar. 239; Muhammad Abbasi v. Mst. Samia Abbasi 1992 CLC 937 and Mst. Khursheed Bibi v: Baboo Muhammad Amin PLD 1967 SC 97 ref. Muhammadan Law--- ---- Khula'---Compensation money---Extent of compensation money in lieu of Khula'---Wife can buy her freedom upon payment of compensation and in event of mutual agreement, parties could agree upon any figure---Where, however, Court was approached, command of Shariah was very clear about the extent of compensation money; such compensation could not be fixed at a figure higher than dower amount and return of benefits received by wife from her husband-- Where, however, fault was found on part of husband, Court could reduce amount of compensation…