Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)-------Ss. 10 & 12---Reconciliation proceedings-- -Failure to record details of dialogue between the parties---Mention of the fact that post-trial and pre-trial reconciliation proceedings failed was enough and it was not necessary for Family Court to record details of dialogue and harsh words used by the parties during proceedings---Failure of such trials would indicate that all possible efforts to bring about reconciliation and to persuade the parties to live as spouses within the limits of Allah, culminated in failure. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Dissolution of marriage by way of Khula'---Aversion and hatred---Proof of---Evidence recorded on oath was sufficient to display aversion and hatred against husband which was a pre-eminent consideration in the matter of divorce by Khula. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Dissolution of marriage by way of Khula'---Aversion and hatred---Duty of Family Court---Court has to reach the level of complete satisfaction that there existed disliking or hatred resulting in serious disharmony and incompatibility between the parties to live together within the limits of Allah. Aali v. Additional District Judge-I 1986 CLC 27 ref. (d) West Pakistan Family Courts Act (XXXV of 1964)--- --- S. 5 & Sched.---Dissolution of marriage ---Khula'---Version of wife---Need for due consideration by Court---Scope---Where Family Court considered all the ambient circumstances including the attitude of the wife and had come to the conclusion that at the time of recording of evidence the wife displayed intense hatred on her face, wife was entitled to right of divorce by way of Khula' ---While deciding the question of dissolution of marriage on the ground of Khula', the Courts would have to assign due significance to the version of wife and unless the same appeared to be a flagrantly whimsical and fanciful, desire of wife to secure the dissolution of marriage, her words could not be struck down or ignored. Rehmatullah v. Mst. Shamim Akhtar 1989 CLC 3; Shahid Javid v. Sabba Jabeen 1991 CLC 805; Mst.…

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