Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--------S. 5 & Sched.---Dissolution of marriage on ground of khula'--­Wife seeking dissolution of marriage on ground of Khula' had. deposed in her statement that she wanted divorce even at cost of her life, meaning thereby that she would prefer to die than to go and live with husband---Genuine cause existed for their separation on basis of Khula' in view of such unhappy relationship and difference of temperaments between the parties---Spouses could not be forced to live together in a hateful union and within limits ordained by Almighty Allah---Court, in such situation was bound to terminate marriage tie between husband and wife---Marriage is a civil contract between two opposite sexes for procreation of children and for social set-up and any condition imposed on wife restraining her from exercising her, right of claiming divorce would be void ab initio---No restriction could be imposed on wife contrary to principles of Islam and Sunna---Holy Prophet (p.b.u.h.) had directed Muslim woman to get divorce on basis of Khula' if she was not able to lead her present life within the limits prescribed by Almighty Allah---Wife could again and again take plea of Khula' if she established a case for grant of dissolution of marriage---Family Court, in circumstances, had rightly decreed the suit filed by wife on ground of Khula'---Prayer of defendant that plaintiff be restrained from re-marrying any other person, could not be accepted as it was against principles of Qur'an and Sunna and Allah Almighty had given right to every body to contract marriage. Petitioner in person. ORDER Mst. Pirzada Jamila Jilanee, respondent No. 1 had instituted a suit for dissolution of marriage in the Court of Judge Family Court, Islamabad, against the petitioner who filed his written statement and while denying the averments of the plaint stated that the marriage of the spouses was performed on the dream of first wife of the petitioner namely Mst. Zakiya Malik who deposed that she was legally wedded wife of Malik Ghulam Nabi Awan and she saw a dream that some people were assembled in the ground under a big tent and chicken legs were roasted. A…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492