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---Dissolution of marriage on grounds of cruelty, non-maintenance and Khula---Evidence on record clearly indicated that plaintiff was not ready to live with defendant as his wife at any cost---Trial Court on basis of evidence had rightly concluded that there was no possibility of re-union between parties, for it had become impossible for them to live amicably as husband and wife within limits prescribed by God---Mere fact that plaintiff did not mention in her plaint that she could not live with her husband within limits of God would be immaterial particularly when her statement as a whole would lead to conclusion that it had become impossible for spouses to live together and observe limits of God-- Plaintiff was subjected to lengthy cross-examination on questions of her complaint against conduct of defendant; his failure to maintain her and also relating to her claim of Khula' had nothing favourable to defendant was throughout from her---Defendant's statement as also statements of his witnesses could not dislodge testimony of plaintiff---Conclusions drawn by Trial Court on basis of evidence on record would, thus, remain unexceptionable. S. Pervaiz Akhtar for Petitioner. ORDER This writ petition is filed to challenge the judgment and decree, dated 19-5-1998 passed by Ch. Badar-ud-Din, learned Judge, Family Court, Lahore, whereby he granted decree for dissolution of marriage to respondent No. l in a suit for dissolution of marriage filed against the petitioner/defendant on the grounds of cruelty, non-maintenance and Khula. The learned Trial Court came to the conclusion after taking into account the evidence brought by the parties at the trial that the plaintiff is not ready to live with the defendant as his wife at any cost; that pre-trial and post-trial proceedings for reconciliation have already failed as the parties could not arrive at any compromise although the suit was pending since 1996. As such the marriage of the parties was   dissolved on the basis of Khula with the condition that the plaintiff/respondent No. l shall forego her…