Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5---Dissolution of Muslim Marriages Act (VIII of 1939), S.2---Civil Procedure Code (V of 1908), O.XLI, R.22---Constitution of Pakistan (1973), Art.185(3)---Divorce---Recovery of dower---Plea of cruelty---Non-filing of cross objections---Leave to appeal was granted by Supreme Court to consider; whether finding of Family Court that issue of cruelty was not proved, was not in accordance with the evidence and reasoning of Family Court itself; whether in the circumstances of the case, could it not be said that Family Court had not dissolved the marriage on the ground of Khula: whether High Court did not err in law by observing that wife had not challenged the findings on issue of cruelty because decree was in her favour which she could. under O.XLI, R.22 C.P.C. defend even on the ground decided against her; whether the principle that if wife had been compelled by ill-treatment of husband to seek for divorce, it was unlawful for him to take indemnity and if man had forced the woman to accept Khula, a Talaq would take place without any liability to pay the indemnity; whether dower was not a benefit arising out of marriage to be restored to husband in case of dissolution of marriage on the ground of Khula; whether in absence of specific demand by husband or indemnity in the form of waiver of cash dower of Rs.200,000, High Court could grant husband the indemnity; whether rule laid by High Court in the cases titled Mukhtar Ahmed v. Mst. Ume Kalsoom and another, reported as PLD 1975 Lah. 805 and Noor Muhammad v. Judge, Family Court. Burewala, District Vehari and another, reported as PLD 1989 Lah. 31, did not lay down the correct law; and whether decree of cash dower could be collaterally impeached before High Court during pendency of appeal before Lower Appellate Court. Ajmal Khan, Advocate Supreme Court and M. Zahoor Qureshi, Advocate-on-Record for Petitioner. Abdul Sattar Khan, Advocate Supreme Court for Respondents. ORDER SYED JAMSHED ALI, J.---The petitioner, a disillusioned wife, seeks leave to appeal against the judgment dated 25-11-2002 of the learned Peshawar High Court. She has been liberated from the…

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