Law:

Section:

West Pakistan Family Courts Act, 1964 (XXXV of 1964)- ----S. 10(4)--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Dissolution of marriage on the basis of "Khula"--Return of dower--The wife who yet has not received the dower from the husband has right to recover it while seeking Khula--Question of--A wife can seek the dissolution of marriage only through the decree of the Court and on the payment of such consideration fixed by the Court, which she has to pay to the husband in the form of the return of the benefits attained by her under the marriage--In the situation, when she has not received the prompt dower, whereas the deferred dower has not become due, and there is nothing which could be restored to the husband as the consideration of Khula, it is the relinquishment by her, of her right to receive the dower, which shall serve as the consideration for obtaining Khula. [P. 200] A & B Words & Phrases-- ----Expression/word "restore" shall be interpreted to mean the "relinquishment", which in the situation shall be a synonymous term. [P. 200] C West Pakistan Family Courts Act, 1964 (XXXV of 1964)- ----S. 10(4)--Provisions of S. 10(4) are confiscatory in nature--Contention of--Held: Provisions are not in the nature of confiscatory, rather are in accordance with the Islamic principles which require the wife to return or the relinquishment of the benefits received by the wife from the husband under the marriage, while asking the dissolution on the basis of Khula. [Pp. 200 & 201] D Muhammadan Law-- ----True spirit of law is embedded in injunction of Islam, which require the return or relinquishment of benefits received by wife from husband under marriage. Order The parties to the litigation were married. The petitioner brought a composite suit against Respondent No. 1 claiming in the same the divorce, the maintenance allowance, the recovery of the dowry articles as also the dower. In terms of the proviso to sub-section (4) of Section 10 of the Family Courts Act, 1964, her suit for the dissolution of marriage was allowed by the learned Judge Family Court on the basis of Khula, but subject to the extinguishment of her right to recover…

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