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REHMATULLAH vs Mst — 2021 PLD 145 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PLD 145 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PLD
Parties
REHMATULLAH vs Mst
Subject matter
Civil
Provisions referred to
S. 5; S. 2---S; Muslim Marriages Act (VIII of 1939)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

REHMATULLAH VS Mst. BIBI ZENORA S. 5, Sched.---Dissolution of Muslim Marriages Act (VIII of 1939), S. 2---Suit for dissolution of marriage---Ground for dissolution of marriage---Cruelty---Scope---Respondent filed a suit for dissolution of marriage on the ground of cruelty, recovery of dower amount, custody of minors and return of educational certificates---Family Court partly decreed the suit---Petitioner filed appeal before the District and Sessions Judge, who dismissed the same being barred by time---Validity---Statement of respondent/wife and her witnesses showed that there was maltreatment both physically and mentally from the side of petitioner, that was why the petitioner had to give surety that next time there would be no beatings---Petitioner, on the other hand, had failed to give substantiating evidence to prove that the respondent willingly left him and refused to rejoin him---Petitioner had also failed to maintain the respondent for several years during her stay with her parents---Cruelty was not limited to physical bearing rather it could either be mental or even by conduct---Respondent had taken shelter in her parent's house for several years and in such a situation the respondent had sustained acute mental anguish and suffering by the reckless and careless attitude of the petitioner, which compelled her to approach the trial court for dissolution of marriage---Constitutional petition was dismissed accordingly.

Other judgments reported in 2021 PLD

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