Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--S. 5 & Sched.---Constitution of Pakistan (1973), Art. 185(3)---Dissolution of marriage on ground of Khula' ---Courts below dismissed plaintiff's (wife's) suit for dissolution of marriage and decreed that of husband for restitution of conjugal rights---High Court decreed plaintiff's suit on ground of Khula'--­Validity---Wife had admittedly made complaint to Senior Superintendent of Police that her husband had beaten her---Wife was sent to Darul Aman by way of protection from her husband---When wife in such circumstances had stated that she had developed hatred towards her husband, her assertion could not be rejected summarily---Relationship between husband and wife being of very intimate nature, it would be too embarrassing for either of them to disclose to Court what had transpired between them in privacy of their home---Such things could, thus, hardly be any standard for assessing substance in wife's assertion that she had developed hatred for her husband---Order of High Court in dissolving marriage on ground of Khula' was thus, unexceptionable---Leave to appeal was refused in circumstances. ORDER SAAD SAOOD JAN, J.---The petitioner married the respondent on 30-3-1977. There were three issues of the marriage. Apparently, the two spouses were not getting on well together and the contesting respondent had to on an occasion take refuge in the Darul Aman. On 7-2-1990, she filed a 'suit for dissolution of marriage and one of the pleas taken by her was that of Khula'. The petitioner on his part also filed a suit for restitution of conjugal rights. The learned Family Judge at Gujranwala dismissed her suit but decreed that of the petitioner. His judgment was affirmed in appeal by the District Judge, Gujranwala. The contesting respondent filed a Constitution petition in the High Court. This was allowed and the learned Judge on the ground of Khula' directed the dissolution of the marriage. The petitioner seeks leave to appeal from this Court. 2. Considering the past history of relations between the parties before they came to the Family Judge the order of the learned Judge in the High Court dissolving the marriage on…

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