Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S_ 13 ---Mum Family Laws Ordinance (VIII of 1961), S.8---Dissolution of marriage on basis of Khula'---Failure to return benefits by wife ---Effect-=­Decree of dissolution of marriage on the basis of Khula` even though made conditional on return of benefits, operates to dissolve the marriage when it is pad and non-payment of stipulated consideration for Khula` does not invalidate the dissolution of marriage by Khula but only creates civil liability with regard to the benefits to be returned by the wife to the husband and does not affect the dissolution itself-Benefits ordered to be returned by the decree of the Family Court can be recovered in execution of the decree. Dr. Akhlaq Ahmed v. Mst. Kishwar Sultana and others PLD 1983 SC 169 and Samia Akber v. Muhammad Zubair PLD 1990 Lah. 71 ref. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 13---Muslim Family Laws Ordinance (VIII of 1961), S.7---Dissolution of marriage---Wife had received land from husband's father at the time of her marriage---Wife instituted a suit for dissolution of marriage on various grounds including the grounds that husband had failed to provide maintenance for a period of two years; had failed to perform his marital obligations for a period three years and had been treating her with cruelty and on the basis of Khula'---Dissolution of marriage on grounds of non-maintenance, non­performance of marital obligations and cruelty would not entail the return of the land in question received by wife at the time of marriage as the wife had taken the ground of -Khula` in addition to other grounds--Family Court having and the wife entitled for dissolution of marriage, it was wholly unnecessary for the marriage to be dissolved on the ground of Khula'---Order of returning tie land by wife to the husband, in circumstances, was declared to have been made without lawful authority and to be of no legal effect. JUDGMENT The petitioner, Mst. Hamida Begum, seeks by this petition under Article 199 of the Constitution a declaration that the judgment and decree of the learned Family Judge, Jhelum, dated 30-1-1992 and those of the learned…

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