Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--­ ----S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for dissolution of marriage on ground of Khula' ---While claiming Khula', wife was not supposed to come out with logical objective and sufficient reasons---Where wife had actually developed hatred against her husband for whatever reasons, and there was no possibility of spouses to live together amicably within limits of Allah, then wife was entitled to dissolution of marriage on ground of Khula'---Spouses were living separately for last 5/6 years and in spite of efforts there was no chance for reconciliation---Wife's case ' of dissolution of marriage on ground of Khula' was clearly made out--­Involvement of spouses in litigation wipes out any hope of reconciliation---Wife was entitled to dissolution of marriage on basis of Khula' in such a situation--­Judgements and' decrees of Courts below were declared to be without lawful authority and of no legal effect---Wife's suit for dissolution of marriage on basis of Khula' was decreed in circumstances Abdul Rehman v. Judge Family Court 1981 CLC 68; Khurshid Ali v. Mumtaz Begum 1980 CLC 1212; Muhammad Yaqoob v. Mst. Shagufta Begum and another 1981 CLC 143; Mst. Nasreen Bibi v. Ata Muhammad and 2 others PLD 1994 Lah. 276; Khurshid Bibi v. Babu Muhammad Amin PLD 1967 SC 97; Mst. Balqees Fatima v. Najam-ul-Ikram Qureshi PLD 1959 Lah. 566; Muhammad Siddiq v. Mst. Kalsoom Bibi and others 1984 SCMR 523 and Mst. Rashidan Bibi v. Bashir Ahmad PLD 1983 Lah. 549 ref. ORDER Mst. Rasoolan Bibi, the petitioner through this Constitutional petition has challenged the legality to the judgment dated 28-11-1993 whereby the petitioner's suit for dissolution of marriage was dismissed by the learned Family Court and the judgment dated 8-9-1994 whereby her appeal was dismissed by the learned District Judge, Sialkot. 2. Briefly, facts of the case are that the petitioner was married to respondent No.3 somewhere 14 years ago; the spouses could not pull on well together and separated from each other several times but reconciled on the intervention of the elders of the family. Now, the petitioner is…

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