Case Details

Citation(s)
2003 SLG 676 2003 SLD 676 2003 SCMR 1551
Supreme Court of Pakistan
Civil Petition No.309-K of 2000, decision dated: 24-05-2001
RANA BHAGWANDAS, SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
M. Zaki Muhammad, Advocate Supreme Court for Petitioner. Qazi Khalid Ali, Advocate Supreme Court for
Respondents

ABDUL FATEH BABAR SANI

VS

Mst. NAUREEN and another

Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)---- ----S.5 & Sched.---Constitution of Pakistan (1973), Arts. 185(3) & 199--­Constitutional petition---Dissolution of marriage by Khula---Restitution of conjugal rights---Family Court decreed wife's suit, but dismissed husband's suit---High Court upheld both judgments---Validity---Wife would be entitled to have dissolution of marriage on ground of Khula`, if she had made out a case under law---Husband would be entitled to restitution of conjugal rights, if he had proved his case for such rights--­Family Court after properly appreciating evidence on record had come to the conclusion that wife was entitled to dissolution of marriage on ground of Khula, while husband was not entitled to restitution of conjugal rights---Family Court and High Court had concurred findings of fact, wherein no misreading or non-reading of evidence was found--­Apprehension of husband that life and future of his son would be spoiled, could not be considered in law to be a val;d ground for reversing impugned judgments---Wife before Supreme Court refused to live with husband on the ground his being cruel to her and that she would not live with him within limits of God, thus, there was no need to give parties further chance for reconciliation---Supreme Court dismissed petition and refused leave. JUDGMENT HAMID ALI MIRZA, J. ---This civil petition for leave to appeal is directed against the judgment, dated 2-3-2001 in C.P. No. S-355 of 2000 (Abdul Fateh Babar Sani v. Mst. Naureen and another) whereby said petition was dismissed maintaining judgments and decree passed in Suit No.578 of 1998 for dissolution of marriage by Khula` filed by -Respondent No.1 Mst. Naureen and Suit No.265 of -1999 filed by the -Petitioner for restitution of conjugal rights. 2. Facts of the case need not to be stated as the same are mentioned in the memo. of petition and the impugned judgment. 3. We have heard the parties and their respective counsel and perused the record. 4. Contention of the -Petitioner is that the learned Family Court Judge erred in law and facts in decreeing the suit of the -Respondent for dissolution of marriage on the ground of Khula'…
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