Law:

Section:

Muhammadan Law--- ---- Khula'---Entitlement of wife to claim Khula'---Essentials---Duty of Court- Khula` is an acknowledged kind of divorce in Islam---Distinct feature of divorce by Khula` is that such divorce could be pronounced by Court on satisfaction that on account of aversion of wife against her husband, spouses could not reconciliate and live a harmonious life within the limits ordained by Allah---Where circumstances lead to inference that wife, in no circumstances was willing to go back to her husband by forgetting the past unhappy events, such inference flowing from inflexible attitude of wife reflected that she had developed aversion and hatred against her husband---In such situation it was deemed conducive to the future of parties to allow their separation by Khula'--­Court's duty in a case of divorce by Khula`. When divorce was sought by Khula` it was enjoined upon the Court to satisfy its judicial conscience that there was sufficient evidence to conclude that wife justifiably developed aversion against her husband and in such position, if separation by Khula` was not pronounced, she would be subjected to a harsh life in the shape of an unwanted union or living all the time in separation. It was, therefore, expedient to resolve the controversy of Khula` by resort to the evidence of the parties. Circumstances constituting aversion of wife may vary from case to case but the substance of such circumstances must be enough to satisfy that there was a reasonable ground for developing aversion for wife against her husband. ORDER Mst. Nisa Fatimah and Safdar Hussain Shah were married in 1980. She brought a suit for divorce on July 2, 1983, on different grounds including cruelty, non-maintenance, non-performance of conjugal rights, non-payment of dower money and Khala` A counter-suit was instituted on July 9, 1983 for .restitution of conjugal rights. 1t was averred that the spouses lived together happily. A child was also born out of the wedlock, who later on died. Moazzam Shah, father of Mst. Nisa Fatimah, was a greedy person who took Rs.10,12,000 from Safdar Hussain Shah and thereaftar declined to repay the same. The divorce suit was instituted in…

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