Law:

Section:

(a) Muhammadan Law--Divorce--Cruelty--Actual habitual cruelty not established-Decree for dissolution of marriage can be granted, if circumstances show that married life has become intolerable for wife. (b) Muhammadan Law --- Divorce--Li'an - Retraction--­Should be sincere and not with object to defeat suit of wife­--False charge of adultery should be result of bona-fide misapprehension. It is not the right of the husband at any time to defeat a claim for dissolution based on a false charge of adultery by just saying that he would withdraw the charge. A retrac­tion in order that it may be effective has, in the first place, to be sincere. In the second place the husband has no satisfy the Court that he had brought the charge bona fide and not carelessly. A retraction can be of no help to the husband if his sole object is to defeat the suit of the wife. A true and effective retraction takes pace when a husband comes to. Court and says: "I brought this charge because I was misled by certain circumstances. The circumstances were such, that one would reasonable come to the conclusion that my wife was guilty. I have found now that, in fact, she is altogether innocent. I am very sorry. I withdraw the charge. In such a case, the Court allows the retraction because the husband has not behaved in an improper manner at all and it' is simply a case of a bona fide misapprehension. Ghulam Bhik v. Mst. Hussain Begum P L D 1957 Lah. 998 rel. JUDGMENT B. Z. KAIKAUS, J.---This is an appeal against the decree of the learned District judge, Layallpur, affirming on appeal a decree of Mr. M. I. Sheikh, Civil Judge, IV Class, Layallpur, dissolving the marriage of Abdul Aziz appellant with Mst. Bashiran Bibi respondent. The parents of Mst. Bashiran Bibi respondent live at Lyallpur. Her case as stated in the plaint is that on the 23rd of April 1951, she was abducted by the defendant-appellant. who claims to have been engaged to her, and taken to Multan, to which place the appellant belongs. She was there forced to sign certain documents which are claimed by the appellant to be documents relating to her marriage with him. A report of her abduction had been lodged by her father and she…

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