Wife is entitled to Khula procedure in Pakistan, khula process in pakistan as of right, if she satisfies the Court that she had developed fixed aversion towards the husband during khula procedure in Pakistan the court will issue decree in the favor of female. Refusing the divorce in Pakistan would mean forcing her into a hateful union. Khula procedure in Pakistan claimed due to fault of husband. Wife in lieu of 'Khula' would not be liable to restore dower or other benefits received by her at marriage's time from husband. No bar to allow amendment for seeking the divorce in Pakistan on the ground of Khula, even if she had previously failed to claim as such. Because right to seek and secure such divorce in Pakistan by exercising the right of Khula by a Muslim married lady is recognized by Islam and the same can be claimed at any stage of the proceedings.
Khula procedure in Pakistan, khula in pakistan is provided to woman as against right of divorce vested in man. Trouble, if arises from the side of woman, the man is given power to divorce her and if injury is from the man's side, to woman is given right to obtain Khula which she exercises subject to restoration dower. Consideration for dissolution of marriage would be remission of dower amount by wife, if not received or its payment, if received. All bridal gifts given to wife before or after marriage would not be returned to husband. Wife, who did not bother to live with her husband and perform her marital obligations, was not entitled for grant of maintenance allowance. Application for recovery of maintenance allowance was accepted. Muslim Family Laws Ordinance, 1961 being silent with regard to past maintenance, the Court, while interpreting the statute, must keep in mind intention of the Legislature. Wife, who did not bother to live with her husband and perform her marital obligations, was not entitled for grant of maintenance allowance.
Application of wife, who lived separately and had not performed marital obligations in spite of decree for restitution of conjugal rights in favor of husband, was rightly dismissed by District Officer (Revenue) and thus called for no interference by High Court in Constitutional petition.
Cruelty-Need not be of such nature as causing reasonable apprehension that it would be harmful. Need not be of such nature as causing reasonable apprehension that it would be harmful for petitioner to live with other party. Act committed with intention to cause suffering to other party is cruelty. Social status of parties is relevant consideration. Cruelty cannot be judged from solitary incident. Mental cruelty is also cruelty. Doctorate holder working in U.S.A. Alleging that attitude of Wife was not cordial and cooperative causing him mental cruelty. Wife was returning back to India.
Preventing entry of petitioner in house when he came to persuade her to return also filing criminal complaint against petitioner and his mother was cruelty. Married life of parties even as per wife was not happy. Incidents throw insight in past conduct of wife Husband held entitled to divorce in Pakistan. Ground of 'cruelty' is distinguished from ordinary wear and tear of family. Evidence led in support of averments made in petition clearly show that it is not cruelty but sensitivity of wife with respect to conduct of husband. Decree for divorce cannot be granted. Wife had right to seek dissolution of marriage on the ground of Khula' in extreme circumstances. Such right is not absolute and no blanket authority is given to wife for automatically denouncing marital bonds. Right of Khula is reasonably controlled and is dependent upon scrutiny by Court' competent to decide the matter after properly satisfying itself about existence of reasonable circumstances on which separation is being claimed, so as to terminate sacred relationship of the spouses.
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