Law:

Section:

Azad Jammu and Kashmir Family Courts Act (XI of 1964)-------S. 5, Sched.---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Dissolution of marriage on ground of `Khula'---Dissolution on the basis of `Khula' was the power vested in the Court to be exercised in the cases where it was found that spouses could not live together and could not maintain the limits ordained by Almighty Allah---Marriage in such circumstances was dissolved by the Court normally on the condition of repayment of dower amount received by wife, unless there were compelling circumstances to withhold it and order dissolution on payment of `Khula'---Even if, it was not the demand of husband for return of dower money which empowered the Court to dissolve marriage in lieu of dower amount, but obligation of the Court was to order so if Court would come to the conclusion that husband was not at fault, but wife had sought dissolution on `Khula'---Court could direct dissolution of marriage without return of dower money, in a case of dissolution of a longstanding union, the destitution of wife to return dower amount etc.---No such reason existed in the present case---Wife had voluntarily contracted marriage with appellant husband, knowing that he had earlier divorced two wives leaving behind children from both and she had not been able to prove cruelty etc., alleged against the husband (appellant)---Shariat Court, in circumstances was not right in ordering dissolution on ground of `Khula' without repayment of dower amount---Accepting appeal, order passed by Shariat Court, was set aside and and decree passed by Judge Family Court was restored by the Supreme Court. Makhdoom Hussain v. Mst. Habib Begum and others 1993 SCR 330; Mst. Balqis Fatima v. Najam-ul-lkram Qureshi PLD 1959 (W.P.) Lah. 566; Zohra Bi v. Muhammad Saleem and others 2005 YLR 896; Abdul Majid v. Razia Bibi and another PLD 1975 Lah. 766 and Noor Muhammad v. Judge, Family Court, Burewala, District Vehari and another PLD 1989 Lah. 31 ref. Muhammad Ayub Sabir for Appellant. Muhammad Mushtaq Chaudhary for Respondents. Date of hearing: 16th March, 2006. JUDGMENT SYED MANZOOR HUSSAIN GILANI, J.---This appeal with leave of…

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