Law:

Section:

Khula-- —Dissolution of marriage—KJiula--Ground of—Whether ground of KJiula was available-Question oit-Kluila is an acknowledged kind of divorce in Islam-It is pronounced by court on satisfaction that on account of aversion of wife against her husband, it was impossible for spouses to reconciliate and live harmonious life within limits ordained by Allah-Circumstances in this case lead to an inference that respondent, in no circumstances, was willing to go back to her husband—Held: Evident inference flowing from inflexible attitude of wife reflects that she has developed aversion and hatred against her husband and it is conducive to future of parties to allow their separation by X/iw/a-Appeal dismissed.                  [Pp.l5,1617]A,BC PLD 1978 Lahore 1109 and PLJ 1984 SC (AJK) 60 rel. ORDER Mst. Nisa Fatimah and Safdar Hussain Shah were married in 1980. She brought a suit for divorce on July 2, 1983, on different grounds including cruelty, non-maintenance, non-performance of conjugal rights, non-payment of dower money and Khula. A counter suit was instituted on July 9, 1983 for restitution of conjugal rights. It was averred that the spouses lived together happily. A child was also born out of the wed-look, who later on died. Moazzam Shah, father of Mst. Nisa Fatimah, was a greedy person who took Rs. 10/12,000/- from Safdar Hussain Shah and thereafter declined to repay the same. The divorce suit was instituted in collaboration with other defendants. The husband endeavoured reconciliation with his wife and sent various delegations to bring her back but she was not allowed to return by her father and other defendants. Both the suits were consolidated and decided together. Sub Judge, Haitian, dismissed the suit for divorce and decreed the counter suit on January 2Q, 1987. On appeal, the learned District Judge reversed the finding of the Sub Judge and decreed the suit of Mst. Nisa Fatimah on the ground of Khula. The order of District Judge, passed on August 18,1987, has been assailed in the present appeal. 2. KJiawaja Abdus Samad, the learned Counsel for the appellant supported the finding of the learned Sub Judge and…

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