Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Dissolution of marriage on ground of Khula---Relations between the couple, were not cordial which led wife to file suit against her husband for dissolution of marriage, recovery of dower and maintenance allowance etc.---Wife had developed a fixed aversion for her husband and it was no more possible for the couple to live together as husband and wife within the limits ordained by Allah---If the wife could not habitate with her husband, she could ask for `Khula' on the ground of alleged hatred with all consequences flowing therefrom---Wife would not be entitled to benefit of dissolution of marriage and she would have to surrender the benefit in the forms of `Mahar', etc. from her husband---Family Court had rightly dissolved marriage of parties on basis of Khula. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Suit for maintenance by wife---Wife, in the present case, had herself stated that maintenance was offered to her by husband but she refused to receive the same---Wife who had left the house of her husband on her own, otherwise was not entitled for grant of maintenance allowance---If a wife refused, without any lawful justification to live with her husband, she was not entitled to any maintenance---Wife had no valid reason to be awarded maintenance allowance in circumstances. Qazi M. Jamil for Petitioner. Amir. Zaib for Respondents. Date of hearing: 22nd June, 2005. JUDGMENT IJAZ-UL-HASSAN KHAN, J.------This writ petition impugns the legality of the judgment and decree of the learned Civil Judge/Judge, Family Court, Mardan, dated 31-7-2003 whereby suit of respondent wife was partially decreed to the extent of dissolution of marriage, recovery of maintenance and return of dowery articles etc. and suit of petitioner husband for restitution of conjugal rights was dismissed. 2. Shortly narrated the facts are, that Muhammad Asad Khan petitioner married Mst. Sadaf Niaz respondent on 28-2-2000 in consideration of 23 Tolas of gold ornaments, 1/5th share of built-up house situated at Tarnab, Tehsil and District Charsadda and a piece of land, measuring 32 Kanals…

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