Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Decree in suit for dissolution of marriage on ground of Khula' assailed in Constitutional petition---Validity---Petitioner was unable to point out any misreading or non-reading of evidence by Trial Court---Trial Court's finding that behaviour of defendant with his wife was not only improper but amounted to perpetual mental torture was in accord with evidence on record--­Wife's plea that she had danger to her life at the hands of defendant, was also sustained from evidence brought on record wherefrom it transpired that she was subjected to mental agony due to improper behaviour of defendant and had developed hatred against him---Best course in such situation was to invoke rule of Khula', which had been rightly invoked by Trial Court---Constitutional petition was dismissed in circumstances. 1985 CLC 2539 ref. ORDER This Constitutional petition is instituted by the petitioner/defendant to challenge order dated 21-11-1996 passed by Mirza Rafi Uzzaman, learned Judge Family Court, Gujrat whereby the suit for dissolution in marriage filed by Mst. Sajida Bibi respondent/plaintiff was decreed and the counter suit for restitution of conjugal rights filed by the petitioner was dismissed. 2. The brief facts are that parties were married on 29-4-1991. Soon after marriage, the respondent/Mst. Sajida Bibi (wife) discovered that her husband i.e. Mahmood Hussain petitioner was alcoholic and used to mix up with persons of bad reputation. She asked the petitioner to desist from immoral activities upon which he got infuriated and started maltreating her. From this unhappy marital union three children were born but all of them died during their infancy. The respondent/plaintiff fell ill and got anaemic, but was not got treated by the petitioner. Ultimately she was turned out of the house by the petitioner in 3 clothes. She went over to the house of her brother and started living there. She filed a suit for dissolution of marriage against the petitioner in which she contended that she was treated with cruelty; that the petitioner was a man of…

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