Law: Family Courts Act, 1964

Section: 9

Law: Civil Procedure Code (V of 1908)

Section: OrderXIX,Rule2

(a) Muhammadan Law--- ---- Khula'---Right of wife to terminate marriage contract---Scope---Where the parties were unable to live in harmony, the Holy Qur'an has given wife the right to seek termination of the marriage contract, provided she returns the dower or part of the same to the husband. Al-Qur'an: Surah Al-Baqarah 2, Ayat 229 rel. (b) Muhammadan Law--- ---- Khula'---Right of wife to .terminate marriage contract---Scope and procedure. Sahih al-Bukhari, Vol.7, Haidth No. 197 rel. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5---Dissolution of Muslim Marriages Act (VIII of 1939), S.8---Constitution of Pakistan (1973), Art.199---Constitutional petition--­Maintainability---Dissolution of marriage on the basis of. Khula' -­Accusation of infidelity by husband against his wife---Husband failed to produce four witnesses in support of his allegation of adultery before the Family Court and repeated the same allegation in the High Court ---Effect--­Where the husband did not produce the required witnesses before the Family Court, the same showed that the allegations were false---Such person was a Fasiq (liar, rebellious, disobedient to Allah) and according to Surah 24:17­An-Nur of the Holy Qur'an, testimony of such person could not be accepted by the Court---Constitutional petition was patently mala fide and was liable to be rejected in circumstances. Al-Qur'an: An-Nur, Surah 24 rel. (d) West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 5 & 9---Qanun-e-Shahadat (10 of 1984, Arts. 117, 120 & 164--­Constitution of Pakistan (1973), Art.199---Constitutional petition---Proving of fact---Burden---Producing audio cassette as proof of conversation--­Husband intended to produce such cassette having, recorded intimate conversation with the wife in the privacy of their conjugal bed room--­Validity---Where no evidence was recorded, it was not possible to fix an exact date of the conversation---Burden- to prove the conversation and its timing was upon the petitioner which he failed to discharge---Constitutional petition was dismissed. (e) West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 5 & 9---Suit for dissolution of…

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