Law: West Pakistan Family Courts Act, 1964

Section: 5

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964) S. 5---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Dissolution of marriage---Cruelty as ground for dissolution of marriage---Portion of statement of wife regarding her allegations of cruelty against the husband remained unchallenged in cross-examination---Family Court dissolved the marriage on the basis of such allegation---Contention by the husband was that if the Family Court was satisfied that the spouses could not live together within the limits prescribed by Allah, then the marriage could have been dissolved on the ground of Khula'---Validity---Where the wife was not cross-examined on the point of cruelty, the husband had accepted her such statement---Cruelty was one of the grounds recognised by law for dissolving the marriage---Family Court had taken into account all the evidence of the parties---Judgment and decree of the Family Court did not suffer from any jurisdictional defect or misreading or non-reading of evidence or any error patent on the face of the record---Petition was dismissed in limine. PLD 1982 Pesh. 42 ref. Date of hearing: 24th October, 2000.                                                                                                                                            JUDGMENT SHAHZAD AKBAR KHAN, J.--- Judgment and decree, dated 26-4-2000 for dissolution of marriage, dower and maintenance allowance passed by the learned Judge Family Court in favour of respondent No. l has been called in question by the petitioner through the instant Constitutional petition. The synoptical sketch, of the instant case is that the petitioner and respondent No. l entered into marital bond on 25-10-1996 and ' Rukhsati' took place on 6-12-1997. It appears that soon after the marriage the inter se relations of the spouses…