Procedure Of Khula In Pakistan :
Concurrent finding with regard to procedure of khula in Pakistan and process of khula in Pakistan was check by the court. Concurrent finding with regard to procedure of khula in Pakistan would not be upset when misconstruction of evidence was found. Consideration of procedure of khula in Pakistan should be scrutinized and ultimately Nadra divorce certificate in Pakistan should be issued. Return of benefit received by wife from husband. Jewellery entrusted to wife for benefit of, their children not a benefit received by her. Not liable to return same in procedure of khula in Pakistan before Family Court Can be claimed by a separate suit. Record showed that parties were at daggers drawn there was no misreading, non-reading or and husband leveled ugly allegations against wife and record showed that parties were at daggers drawn and husband leveled ugly allegations against wife and at one stage matter went before Police. Parties, during the spell of 4/5 months of marriage, had become rivals to each other and it was beyond their control to live a happy married life Family Court, thus was justified in dissolving the marriage of parties on the ground of Khula. Decree for dissolution of marriage passed in favor of wife challenged by husband. Decree for khula procedure in Pakistan was passed in favor of wife challenged by husband on ground that Family Court while answering other issues on merits against wife had not decided issues of cruelty and Khula' and as such its judgment was based on insufficient evidence. Held, there being difference between insufficiency of evidence and total want of evidence, judgment without evidence would be void or voidable as the case may be. Insufficiency of evidence being a relative term, from evidence on record it could not be said on factual place that it was insufficient for decision won not issues against husband.
Petition For Leave To Appeal Was Dismissed :
Marriage was not consummated and that in order to secure her divorce procedure in Pakistan and to issue Nadra divorce certificate in Pakistan filing of case was required. Petitioners who were heirs of original owner of property in dispute, contended that marriage of respondent with son of original owner was Talaq, not consummated and that in order to secure her procedure of divorce in Pakistan respondent through alleged deed of abandonment had given up and abandoned her rights in property given to her by original owner in lieu of her dower for her marriage with his son. Court after examining record found that marriage was consummated and that alleged deed of abandonment neither referred to property originally transferred to respondent in lieu of dower nor it referred to same transferred or abandoned by her, nor any such inference could even be drawn from it. Petition for leave to appeal was dismissed. Divorce procedure in Pakistan on grounds of cruelty, misappropriation of articles of dowry and Khula was filed in court and ultimately Nadra divorce certificate in Pakistan was issued. Trial Court while decreeing wife's suit for dissolution of marriage directed that wife would not recover dower which was found not to have been paid by husband to wife; for the marriage was being dissolved on ground of procedure of khula in Pakistan also. Same order was passed with regard to the claim of wife for maintenance.
Wife having succeeded in establishing her entitlement of dissolution of marriage on grounds of cruelty, misappropriation and also on Khula Family Court could not direct her to forego her claim for dower and maintenance. Finding of Family Court arrived at after appraisal of defense that it was not possible for parties to live as husband and wife. Finding of Family Court arrived after appraisal of evidence that it was not possible for parties to live as husband and wife and observe limits of God any longer, cannot be interfered with in writ jurisdiction. Held, impugned Khula decree did not suffer from any legal or jurisdictional error and as such it was God unassailable. Divorce procedure in Pakistan on ground of procedure of khula in Pakistan -But husband was on visiting terms of wife's house after Nikah being closely related. Spouses were cousins inter se. Rukhsati had taken place but husband was on visiting terms of wife's house after Nikah being closely related. Wife clearly deposed that she hated the husband and dissolution of marriage and her attitude towards husband during conciliation talks was very much hostile thus natural hatred against the husband was quite evident. Husband during his visits to the house of wife had subjected her to mental annoyance which had resulted into hatred and evidence brought on record showed that spouses could not live together as husband and wife within the limits of God as relations between the spouses were beyond repair and there was no probability of their living together. Husband had not been able to point out the slightest indication that there had been misreading of the evidence adduced before Family Court or that any piece of evidence had been discarded or not taken into consideration by the Family Court. Family Judge was justified in granting khula to the wife in case of procedure of Khula in Pakistan.
High Court Declined Interference In Constitution had been Jurisdiction In Circumstances:
High Court declined interference in Constitution had been Jurisdiction in circumstances." Wife, seeking dissolution of marriage insisted on divorce. Wife, seeking dissolution of marriage insisted on divorce and not prepared under any circumstances to live with her husband as his wife and there were no prospects for reconciliation between them as hatred between spouses was deep rooted. Case, held, was fit for grant of Khula divorce to wife. Husband and in such circumstances she would "certainly be transgressing the limits of God" if forced to live with him. It was held that the order passed by the Court is proper. Muhammadan Law. In a suit for dissolution of marriage under the Ordinance on the question whether rules of evidence under Muhammadan Law should apply leave to appeal was granted by the Supreme Court to consider it. Independent issue having been framed covering the entitlement of wife to dissolution of marriage on ground of Khula', Trial Court was legally bound to have recorded Dissolution of marriage on ground of Khula'. Independent issue having been framed covering the entitlement of wife.
Wife had developed intense dislike for the Wife had developed intense dislike for the Question whether rules of evidence under finding on such issue. Independent to dissolution of marriage on ground of Khula', Trial Court was legally bound to have recorded independent finding on such issue without being influenced by findings on other grounds for dissolution of marriage. By mixing two separate reliefs in judgment, Trial Court had violated provisions of Order XX, Rule 5, Civil Procedure Code, 1908, requiring that judgment should contain a finding on all the issues unless parties did not rely on any of the issues. Separate Trial Court, while dismissing suit for dissolution of marriage on Grounds other than of Khula and granting decree for restitution of conjugal rights to husband did not at all advert to the claim of wife on the basis of Khula'. Appellate Court had refused to grant divorce to wife on basis of Khula because she had failed to put forth any reason therefore. Putting forth any reason for claim of Khula' was however, not a legal requirement to issue Nadra divorce certificate in Pakistan.