Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Dissolution of marriage on ground of Khula' --­On filing suit for dissolution of marriage by plaintiff (wife) against defendant (husband), marriage was dissolved by Family Court on ground of Khula' subject to return of gold ornaments weighing 12 Tolas to defendant which allegedly were given to plaintiff by him at the time of marriage---Judgment and decree passed by Family Court was upheld by Appellate Court below---Plaintiff (wife) had categorically denied receipt of gold ornaments from defendant (husband) as claimed by him---No mention of any ornaments or any other item against columns provided in Nikahnama for the such purpose were found---No independent supporting or best evidence was produced by defendant to prove that he gave 'said ornaments to the plaintiff---Even receipt of said ornaments was not produced by defendant---Plaintiff had succeeded in establishing her entitlement to dissolution of marriage on ground of cruelty and non-maintenance----Courts below thus could not dissolve marriage on basis of Khula' when no demand was made by defendant (husband) for return of benefits obtained by plaintiff (wife) during subsistence of marriage and when Courts had failed to formulate an issue on that point---Concurrent s of Courts below dissolving marriage on basis of Khula' in lieu of 12 Tolas of jewellery, were not only void but also were unfair, unjust and based on misreading of evidence---Courts below while deciding issues regarding non-payment of maintenance to plaintiff (wife) and her hatred towards her husband, having travelled beyond their jurisdiction, their concurrent s suffered from legal infirmity and were liable to be interfered with by High Court in exercise of its Constitutional jurisdiction. Farida Khanum v. Maqbul Ilahi and 2 others 1991 MLD 1531; Quetta Hindu Panchayat v. Mst. Dilshad Akhtar and 5 others 1993 SCMR 21 and Sh. Muhammad Arif and others v. Deputy Settlement Commissioner, Lahore and another 1993 CLC 872 ref. Ch. Azmat Ullah for Petitioner. Anwaar ul Haq Pannu for Respondent. Date of hearing:…

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