Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------Ss. 5, Sched & 10---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Dissolution of marriage on ground of Khula--­Khula, meaning of---`Khula' was a release from the matrimonial bond and right of Khula vested in the woman according to the dictates of Holy Qur'an---Jurisdiction vested with the Court to determine whether condition of Khula existed in the pleadings or the evidence led by the parties--- Court would release the woman from her matrimonial bond by way of Khula---Such right purely rested with the woman according to the dictates of Holy Qur'an/because if a woman demanded right of Khula, she had to return all the benefits received by her from her husband---Defendant woman, in the present case, had not filed suit for dissolution of marriage and had not asked for Khula even in her written statement in suit for restitution of conjugal rights filed by her husband--­While determining the right of Khula, Court had to use its best prudence, capability and capacity to find out the truth and the prevalent conditions existing for such rights---Decree would follow the prayer in the plaint---No suit for dissolution of marriage was filed by defendant in case with the averment that she wanted dissolution of marriage on basis of Khula, but Family Court keeping in view the amended provisions of S. 9 of West Pakistan Family. Court Act, 1964 treating written statement of defendant woman filed in suit for restitution of conjugal rights filed by her husband, as plaint, dissolved marriage on basis of Khula and dismissed suit filed by plaintiff-husband---Validity---Court could not pass decree on basis of Khula while dismissing the suit for restitution of conjugal rights---Chairman Arbitration Council on receiving and decree passed by Family Court passed order by way of approving reconciliation---Family Court being corum non judice summoned Chairman on application of plaintiff husband and directed him to issue a certificate of divorce which was arbitrary exercise of jurisdiction by Family Court---Family Court had no jurisdiction to interfere in the proceedings of Chairman Arbitration Council after…

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