Law:

Section:

Muhammadan Law-Divorce-Pronounced during altercation arising out of wife's desire to go out to visit a certain lady friend of hers-Operation of divorce conditioned by husband upon wife's paying such visit-Wife abandoning her intention to pay such visit ran night of altercation, but doing so subsequently-Divorce, held, riot operative --[Fatawa-e-Alamgiri, p. 642 & Durrul-Mukhtar Vol. II, p. 353 rel] JUDGMENT   This second appeal arises out of a suit by the husband Manzoor Ahmed for restitution of conjugal rights. He alleged that he was married to the appellant Bilqees Fatima In India in the year 1950, according to Sunni rites and a daughter was born from the marriage. In 1951 the parties migrated to Pakistan and started living at Lalukhet in Karachi. In 1956 Mst. Bilqees Fatma became very friendly with a woman named Mst. Amena. The husband did not approve of this friendship and asked his wife not to visit Mst. Amena, but the wife, however, continued doing so. The matters came to a head on the 12th of December 1956. On that day the husband Manzoor Ahmed returned to his house at 9 p.m. from his duty as bus driver, when he saw his wife, Mst. Bilqees Fatma, standing clad in a Burqa as if ready to go out of the house. He enquired from her as to where she was going, and she informed him that she was going to the house of her friend Mst. Amena. Thereupon the husband told the wife that he would not allow her to go but she Insisted on going. The husband then told the wife that he would divorce her if she went to Amena's house. Even on hearing this the wife replied that she would go to Amena. The husband repeated the conditional divorce three times the wife replied that she would go to visit Amena. The wife, however, did not actually go to Amena's house that night and instead she put aside her Burqa and sat down. The husband tried to patch up the matter by telling the wife that they should forget the whole incident.   It appears that the wife sent word to Mst. Amena about what had happened betweenher and her husband, as a result of which Mst. Amena came to their house along with her husband Maqsood Ali and the whole incident was narrated to…