Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Muhammadan Law--K hula'--Leave to appeal granted to examine question that when husband conceded that her wife had a strong aversion against him and wife also asserting that there was strong aversion between two spouses and it was no longer possible for her to live with her husband within limits prescribed by Allah, wife was entitled to a decree for dissolution on ground of Khula'. Muhammad Shahudul Haque, Advocate instructed by Ch. Akhtar Ali Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 18th June, 1980. ORDER FAKHRUDDIN G. EBRAHIM, J.-- The facts giving rise to this petition are that on 8-7-1979 the petitioner-wife instituted a suit against k y, the respondent-husband in the Court of Judge Family Court, Abbottabad, for dissolution of marriage, maintenance, dower and as well as recovery of the price of her dowery. The dissolution was sought on almost all conceivable grounds, such is adultry, the husband's neglect to provide her maintenance for a period of more than three years, impotence of the husband, her repudiation of marriage on attaining puberty as well as Khula. The respondent-husband retaliated by filing a counter-suit for restitution of conjugal rights against the petitioner. The Family Court consolidated both the suits and ratio the former was dismissed, the latter was decreed. On appeal by the petitioner-wife, the decree for dissolution of marriage was maintained. The petitioner then approached the High Court in its writ jurisdiction. The only ground urged was that the petitioner had made out a case for Khula which had been wrongly denied to her. The High Court dismissed the petition on the ground that the petitioner had abandoned her case for dissolution of marriage by way of Khula in first appeal, that it was not a fit case for the exercise of discretionary jurisdiction of the High Court under Article 199 of the Constitution and lastly that there was no sufficient material except for the petitioner's bare statement that it was impossible for her to live with her husband which could satisfy the conscience of the Court to allow the petitioner to part company with her husband…

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