Law:

Section:

(a) Muhammadan Law--- ---- Dissolution of marriage ---Khula'---Right to claim dissolution of marriage on ground of Khula` was a right equal to the right of Talaq conferred upon the husband except with the difference that the wife had to satisfy the Court that she could not live with her husband within the limits laid down by God Almighty. Mst. Khurshid Bibi v. Baboo Muhammad Amin PLD 1967 SC 97 rel. (b) Muhammadan Law--- --Dissolution of marriage ---Khula'---Parties were living separately for the last one and half years---In spite of best efforts for arriving at a compromise made prior to the filing of the suit. during the pendency thereof as also during pendency of present adjudication same had not succeeded---Parties were not blood relations---Necessary inference which could be drawn from the conduct of the parties was that there was no possibility of compromise between the spouses who were young in age---Wife being the best witness of the circumstances on basis whereof she had stated categorically on oath before the Family Court that she could not live with her husband within the limits laid down by Allah---Wife being adamant not to enter into a compromise in spite of best and hectic efforts made in that behalf by well-washers of parties, at all levels, no possibility of reconciliation between spouses existed---in such situation refusal of dissolution of marriage would result in crossing the limits of Allah by the wife---Case was, thus, made out for dissolution of marriage on principle of Khula` (c) West Pakistan Family Courts Act (XXXV of 1964)--- ---S.5 & Sched.---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction---No misreading or non-reading of evidence was pointed out--­Evidence led by wife had been accepted while version of husband had been disbelieved by Court of competent jurisdiction---High Court while deciding Constitutional petition does not exercise appellate jurisdiction---Law does not contemplate appeal against of dissolution of marriage rendered b` the Family Court---Exercise of Constitutional jurisdiction in such like case would amount to circumventing the law---Appraisal of evidence was not the subject of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492