Law:

Section:

(a) Azad Jammu and Kashmir Family Courts Act 1993-------S. 5 & Sched.---Suit for dissolution of marriage on ground of Khula'---Plaintiff (wife) though did not raise plea of Khula' specifically in her plaint, but in cross-suit for restitution of conjugal rights filed by defendant (husband), plaintiff in her written statement had categorically pointed out that it had become impossible for her to live with defendant because she had developed fixed aversion and hatred against him---Case of Khula' could be made out despite plea of Khula' was not made, in the plaint nor an-issue in this regard was made---When by statement of facts­ disclosed in the pleading or on proof of such facts which had come forward during course of evidence, Khula' being a legal issue, same could be raised in Trial Court or at appellate stage without introducing an amendment in the pleading and further evidence---Plea that Khula' being mixed question of fact and law could not be allowed to annul marriage without amendment in pleading, had little force---Plaintiff (wife) having developed severe hatred towards defendant (husband), it was quite evident that spouses could not live a life of harmony and in conformity with their obligations--­Plaintiff after decree of dissolution of marriage had contracted another marriage and had given birth to five children ---Hiving become impossible for spouses to live together, Trial Court had rightly dissolved marriage. PLD 1984 SC 329; 1993 SCR 330; 2000 YLR 2519; PLD 1978 Lah. 1109; Rayasat Ali v. Family Court and another 1984 CLC 1325; Khurshid Ali v. Mst. Mumtaz Begum 1980 CLC 1212: Balqees Fatima's case PLD 1959 Lah. 566; Abdul Karim Khan v. Mst. Parveen Akhtar and 6 others PLD 1981 Azad J&K 94 and Bilqees Fatima's case PLD 1978 Lah. 1109 ref. (b) Act of Court--- ---- Mistake of Court---Mistake of Court should not prejudice litigant and litigant could not be left to suffer because of negligence of Court in not framing an issue in the light of pleadings of parties especially when both rival suits of parties were consolidated. (c) Azad Jammu and Kashmir Family Courts Act, 1993--- ----S. 5 & Sched.---Dissolution of marriage on ground of…

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