ANA LIAQAT vs ADDITIONAL DISTRICT JUDGE, GUJRANWALA Ss — 2021 PLD 757 LAHORE-HIGH-COURT-LAHORE

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ANA LIAQAT VS ADDITIONAL DISTRICT JUDGE, GUJRANWALA Ss. 5, Sched. & 10(4)---Dissolution of Muslim Marriages Act (VIII of 1939), S. 2(ii)(viii)---Suit for dissolution of marriage---Khula in lieu of dower---Scope---Relinquishment of dower---Cruelty by husband---Thirty-two (32) tolas gold ornaments were fixed as dower---Wife/petitioner filed suit on the grounds of cruel behavior and failure to pay maintenance, however, Family Court on failure of reconciliation between the parties dissolved the marriage on the basis of Khula in lieu of dower; which decree was maintained by the appellate Court---Held, that the wife, for decree of dissolution of her marriage, had to forego her claim of dower only in the event of failure of reconciliation between the parties---Family Court on its own could not deprive the lady from the dower and could not order to relinquish the dower as the dower was the right of the lady given by Shariah---Said right could not be discretionarily or arbitrarily exercised by the Court---Family Court in a suit for dissolution of marriage, if reconciliation failed, shall pass decree for dissolution of marriage forthwith and shall restore to the husband the Haq Mehr received by the wife at the time of marriage---Such option could only be exercised if the lady had opted to relinquish the benefit but the Court could not exercise its jurisdiction---Although the Court was empowered to pass a decree on the basis of Khula, but subject to the fact that all the conditions required were fulfilled---In the present case, neither the lady agitated the ground of Khula nor it was her request while making statement before the Court and certain other grounds existed on the basis of which decree for dissolution of marriage could have been passed ---High Court set aside impugned judgments and decrees passed by both the Courts below and dissolved the marriage between the parties on the basis of grounds asserted by the petitioner---Constitutional petition was allowed, in circumstances.

ANA LIAQAT vs ADDITIONAL DISTRICT JUDGE, GUJRANWALA Ss — 2021 PLD 757 LAHORE-HIGH-COURT-LAHORE

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