Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Dissolution of marriage on ground of Khula'---Validity---Wife is entitled to Khula' if she satisfies conscience of Court that parties would not observe limits of God if marriage subsists---Evidence on record was sufficient to prove that in spite of having seven children, wife was not prepared to live with her husband---Such fact showed deep hatred the wife had developed towards her husband---Wife's statement about hatred towards her husband was sufficient for Court to grant Khula' which wife could claim as a matter of right---Islam being liberal religion imposes no restrictions on two adult human beings to enter into marriage if otherwise permissible---Wife having proved to the satisfaction of Court that she hated husband and that she could not live with him within limits prescribed by God, she was entitled to grant of Khula' straightaway---Grant of Khula' by Trial Court was affirmed in circumstances. Mst. Khurshid Bibi v. Baboo Muhammad Amin PLD 1967 SC 97 rel. ORDER This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 calles in question the judgment of the Family Judge, Faisalabad dated 26-5-1994 by which the suit for dissolution of marriage filed by respondent No.2 against the petitioner was decreed. 2. The brief facts of the case are that Mst. Parveen, respondent No.2 filed a suit for dissolution of marriage, inter alia, on the ground of Khula'. The learned Judge Family Court after going through the pleadings of the parties framed the following issues:--- (1) Whether the defendant treated the plaintiff with cruelty? O.P.P. (2) Whether the defendant has failed to provide maintenance to the plaintiff for the last more than two years? O. P. P. (3) Whether the plaintiff is entitled for Khula'? If so, on what terms? O.P.P. (4) Whether the plaintiff has no cause of action? O.P.D. (5) Relief. The defence of the petitioner was closed under Order XVII, Rule 3, C.P.C. and after recording the evidence produced by Mst. Parveen, respondent, the Court decreed the suit in favour of respondent No.2. The main ground on…

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