Law: Dissolution of Muslim Marriages Act, 1939

Section: 2(viii)

Law: Family Courts Act, 1964

Section: 5,Sched

(a) Dissolution of Muslim Marriages Act (VIII of 1939)---- ----S.2(viii)---West Pakistan Family Courts Act (XXXV of 1964), S.5 & Sched.---Dissolution of marriage on allegation of adultery against wife--­Husband had levelled allegation of adultery against wife alleging that she lived with a stranger and that she was abducted---Husband had not produced any evidence to prove the allegations which was not permissible by law and also by Qur'anic Injunctions unless. strictest proof and strong evidence was brought forward by the party levelling such allegations---Whenever such allegations were levelled against a lady, Courts must ask for the strictest proof of such allegations in view of common dignity and respect of women in Islam---If such proof was not made available on record by person who had levelled accusation, Court would be bound to dissolve marriage on that score. (b) Dissolution of Muslim Marriages Act (VIII of 1939)--- ----S.2(viii)---West Pakistan Family Courts Act (XXXV of 1964), S.5 & Sched.---Dissolution of marriage on allegation of adultery---If husband had charged his wife with adultery, wife would be entitled to claim judicial divorce without any prejudice to her right to bring defamatory suit for unjust infraction---Husband was required to substantiate his accusation of adultery against wife by producing four witnesses, but if no evidence, except himself was available, he could take an oath or liar---If wife declined and also took oath, Court must separate them as the sexual union had become unlawful and under such circumstances, decree of divorce could not be avoided by husband by his retraction of 'charge as no chance of retraction would be allowed to husband---Retraction would amount to acknowledgment by husband and he could be punished for that. Muhammad Sarwar v. Sughran Bibi and others 1996 MLD 1057; Rahiman v. Fazil AIR 1927 A11. 56 and Ahmad Suleman Vohra v. Bai Fatima AIR 1955 Bom. 160 ref. (c) Dissolution of Muslim Marriages Act (VIII of 1939)--- ----S.2(viii)---West Pakistan Family Courts Act (XXXV of 1964), S:5 & Sched.---Dissolution of marriage on allegation of adultery---Powers of Family Court---Family Court had inherent…

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