Law:

Section:

(a) Islamic Law------- Divorce---Khula, grant of---Essentials---Wife for claim of Khula need not come out with logical objective and sufficient reasons---Principles. A wife cannot be forced to live with her husband without her consent and liking. Wife need not come out with logical objective and sufficient reasons regarding her claim of Khula. It is enough to show that she had developed a fixed aversion for her husband and the parties cannot live together within the, limits prescribed by God, which is the most important ingredient for grant of Khula. (b) Constitution of Pakistan (1973)--- ----Art. 199---Finding of fact recorded by Court below---Interference with such finding in Constitutional jurisdiction of High Court--­Principles. Powers of High Court in Constitutional jurisdiction are not analogous to those of an Appellate Court. Constitutional jurisdiction can only be exercised, if the lower Court has exceeded its jurisdiction or acted without jurisdiction. Finding of fact recorded by a Court possessing jurisdiction cannot be disturbed merely on the ground that another view is possible on the same evidence, unless that finding is based on no evidence, is fanciful or arbitrary. The object of taking away right of appeal in the family matters is meaningful. If the Constitutional jurisdiction takes the place of appeal, then the intent and purpose of Legislature would be frustrated. Impugned , if passed with competence and jurisdiction conferred on the Court of law, then it cannot be adjudged in Constitutional jurisdiction of High Court. Kalim Arshad Khan for Petitioner. ORDER IJAZ-UL-HASSAN KHAN, J.--- Shortly narrated the facts relevant for the disposal of instant writ petition are, that Mst. Amna Bibi, respondent No.1, instituted suit (No.25/FC of 2001)' on 20-9-2001 before learned Senior Civil Judge/Judge, Family Court, D.I. Khan against Hidayatullah petitioner, for dissolution of marriage. The suit was resisted by the petitioner. He also filed Suit (No.26/FC) on 18-8-2002 against Mst. Amna Bibi for restitution of conjugal rights: Both suits were consolidated, appropriate issues were framed and after recording pro and contra evidence of the parties, learned…

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