Law: West Pakistan Family Courts Act, 1964

Section: 7, 8

(a) West Pakistan Family Courts Act (XXXV of 1964) S. 7 read with Sched. and Muslim Family Laws Ordinance (VIII of 1961), Ss. 7 & 8-Suit for dissolution of marriage-Notice under S. 8 read with S. 7 of Ordinance VIII of 1961 not necessary before institution. There is no justification for adopting the view that a notice under section 8 read with section 7 of the Muslim Family Laws Ordinance is necessary before the institution of the suit for dissolution of marriage. Muhammad Ishaque v. Ch. Ehsan Ahmad, Judge, Family Court and another Writ Petition No. 1711 of 1974 ref. (b) Muhammadan Law- -Divorce-Khula-Wife, demanding separation should return to husband any tangible returnable benefits conferred on her by husband-Such condition precedent only if husband insists on return of dower or other benefits-Husband, not making any claim for such return-Waiver on his part can be implied. One of the conditions for grant of Khula` as enjoined by the Law of Islam and as held by the superior Courts of Pakistan is that if the wife has obtained any tangible returnable benefits from the husband, she should be made to return the same as a condition precedent on grant of khula in case the husband does not forego the same but asks for their return. If a husband daring a trial does not make any claim with regard to the return of benefits despite the knowledge that the Courts have rated that he can claim the return, this conduct would show that he has not conferred any benefits or he would not seek the return thereof. Dates of hearing: 24th and 28th January 1975.                                                                                                                         JUDGMENT A husband by this writ petition has called in question the judgment by a learned Family Court whereby the suit for dissolution of marriage filed by respondent No. I was decreed on the ground of…