Law:

Section:

(a) Dissolution of Muslim Marriages Act (VIII of 1939)-------S. 2(ix)---West Pakistan Family Courts Act (XXXV of 1964), S.5 & Sched.---Dissolution of marriage on ground of "Khula"---Development of aversion/hatred in mind of wife against husband making her life miserable---Such aversion/hatred could develop at any time, though its birth might differ from person to person---No yardstick could be fixed to measure such development---Dissolution of marriage would be better, if judicial mind and conscience of Court was satisfied that re-union of spouses would become a hateful union---Principles. It is not correct that hatred cannot grow, unless one of the spouses takes residence in the house of the other. Aversion/hatred can develop at any time. Birth of it differs from one person to another. Even a single event can ignite the aversion, while the greater blows could be borne with perfect satisfaction in one's life without taking any adverse action. So it depends upon man to man and person to person and cannot be measured through any measurement/scale and weight. After having passed the whole life in cool and calm atmosphere, but in the last days of life, when the presence of one is supportive stick for the other, becomes so miserable that desertion/dissolution comes out as the sole solution of the abhorrence. Human being is a creature, whose deportment can take U-Turn at any time. Thus, no yardstick can be fixed for this purpose. From the facts of each case, the Court seized of it, has to make the after examining all the aspects. If the judicial mind and conscience of a Judge is satisfied that re-union would become a hateful union of miserable and pitiable spouses, it would be better to dissolve, rather to push them into hell. (b) Dissolution of Muslim Marriages Act (VIII of 1939)--- ----S. 2(ix)---West Pakistan Family Courts Act (XXXV of 1964), S.5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Decree for dissolution of marriage on ground of "Khula" passed by Courts below---Validity---Such finding would be treated as finding of fact and could not be assailed in Constitutional petition--­Husband had filed suit against father…

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