Law: Family Courts Act, 1964

Section: 10(4),7(2)

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 5, 7(2), Second Proviso & Sched.---Recovery of maintenance and dower claimed in separate suit, but not claimed by wile in earlier suit for dissolution of marriage----Validity---Non-filing or separate filing of suit for dissolution of marriage would not bar joining of remaining causes of action in one suit---Purpose of permitting parties to join various causes of matrimonial disputes in one suit would be to avoid multiplicity of proceedings and advance cause of convenience of parties and courts--Principles. (b) Interpretation of statutes--- ----Meanings and interpretation of a statute are to be attributed in a manner, which would advance cause of provisions thereof---Interpretation rendering provision futile would be ignored. (c) Islamic Law--- ----`Khula' claimed due to fault of husband---Effect---Wife in lieu of `Khula' would not be liable to restore dower or other benefits received by her at marriage's time from husband----Principles. `Khula' in fact, is a right available to a wife for dissolution of marriage in contradistinction to the right of divorce vesting in a husband. Where the disputes and differences, in the family life, arise because of an attitude of the wife not acceptable to the husband, the latter has the power to divorce her. The right of `Khula' accrues to a wife for the redressal of irreconcilable grievance against her husband. Need to seek `Khula' can arise in two situations. First, the wife may be aggrieved of the unbecoming attitude of her husband and, secondly, she may, for her own personal reasons such as abhorrence or disliking for the husband, may claim `Khula'. In the history of Muslim Jurisprudence, the well reputed case of Habiba Bint-e-Sohail, seeking 'Khula' against her husband namely Sabit (may Allah be pleased with him), provides as guidance that in the case, where the disliking or hatred of the wife is not because of coercion, duress or other untoward behaviour of the husband, the wife may seek separation by the restoration of the dower/the benefits drawn by her from the husband, at the time of the marriage, but the in-depth analysis of the circumstances leads to…

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