Law:

Section:

Muhammadan Law--- ----Khula---Husband threw out his wife simply on ground that she was not in a position to bear any child and contracted second marriage---Evidence on record, reflected that wife was treated in a most cruel manner and even maintenance was not provided to her---Reconciliation between parties had become impossible and only course left was dissolution of marriage through Khula---Family Court's being correct, was maintained in circumstances. ORDER Petitioner has filed this Constitutional petition impugning the judgment dated 15-11-1981) passed by the Judge, Family Court, Gujrat, decreeing the suit for dissolution of marriage of respondent No.2 on the basis of Khula. Facts briefly are that the parties entered into a marriage contract on Ist of October, 1979. The petitioner contracted a second marriage and started maltreating respondent No.2. This compelled her to file a suit for dissolution of marriage. The petitioner also filed a suit for restitution of conjugal rights. Both the suits were consolidated and the following issues were framed:- (1) Whether the defendant treated the plaintiff with habitual cruelty? OPP (2) Whether the defendant had failed to provide maintenance to the plaintiff for the last more than 2 years? OPP (3) Whether the plaintiff is entitled to Khula? If so, on what terms and conditions? OPP (4) Whether the defendant is entitled to the decree for restitution of conjugal rights? OPD (5) Relief. The…

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