Law:

Section:

(a) Azad Jammu and Kashmir Family Courts Act (XI of 1993)-------S. 5, Sched. & S.14---Suit for dissolution of marriage by wife against her husband on ground of cruelty, mental torture, non-payment of maintenance allowance and on ground of 'Khula', was decreed by the Family Court, whereas suit for restitution of conjugal right filed by husband against wife was dismissed---Validity---Contention of wife was that she was ousted from the house of her husband in March, 2004 and thereafter defendant did not provide her maintenance allowance---Suit having been filed on 3rd February 2005, the ground for decree of dissolution of marriage for non-providing of maintenance allowance for a period of two years was not available to her---Wife had also failed to prove, the factum of cruelty by convincing evidence; however, evidence on record had proved that spouses could not live together within the prescribed limits ordained by Almighty Allah and their relations were strained beyond repair---Wife had developed aversion and hatred against her husband and in no circumstances she was willing to live with him, in such state of affairs, it was better to annul the hateful union rather to compel wife to go back to her husband to lead an unhappy life---Husband had failed to prove as to whether he had given any jewelry, gift or other things to, his plaintiff wife---Family Court fixed the consideration of 'Khula', the dower received by plaintiff wife at the time of marriage ceremony---Impugned decision, did not suffer from any glaring defect or legal, infirmity and the dower money was an appropriate consideration for grant of 'Khula'---Appeal was dismissed, in circumstances. 1985 CLC 2509; 1992 SCR 62 and Safdar Hussain Shah v. Mst. Nisa Fitima 1992 CLC 39 ref. (b) Azad Jammu and Kashmir Family Courts Act (XI of 1993)--- ----S. 5 & Sched.---Suit for dissolution of marriage on ground of 'Khula'---'Surah-Al-Baqrah' verse No.229 of the Holy Quran was the base and origin of legality of 'Khula'---Limits prescribed by Almighty Allah in said verse, would mean the direction to lead a happy life---Before dissolving the marriage on ground of 'Khula', the court must satisfy its conscience…

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