-Family Court dissolved marriage on the basis of Khula----Wife in such event had to seek Khula by foregoing dower received by her from her husband in consideration of marriage--

 Citation Name: 2020 PLD 173
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Mst. YASMEEN GUL VS MUHAMMAD ZUBAIR

S. 5, Sched. & S. 10(4)---suit for dissolution of marriage and recovery of dowry articles---Khula---Scope---Family Court dissolved marriage on the basis of Khula---Validity---Plaintiff (wife) had produced sufficient evidence in support of her claim for dowry articles---Defendant (husband) had submitted that he himself had purchased articles but he had failed to substantiate the same---Evidence of plaintiff with regard to dowry articles was cogent and convincing as compared to the evidence produced by the defendant---Khula could be granted by the Family Court if wife had failed to establish any allegation leveled in the plaint---Family Court, in the present case, had granted Khula as reconciliation between the parties had failed---Such findings of Family Court were not based on evidence and same could not be challenged through constitutional petition---Right for dissolution of marriage on the basis of Khula was absolute and contingent upon restoration of dower to the husband---Muslim woman had been given right to get herself released from the bond of marriage, if she could not live with her husband within the limits prescribed by Allah Almighty---Wife in such event had to seek Khula by foregoing dower received by her from her husband in consideration of marriage---If husband had left his wife giving divorce then he would not be entitled to receive anything back giving by him to his spouse---If wife herself deserted her husband then she had to give something in lieu of her release---Courts below were competent to draw inference while delivering the judgments---High Court in constitutional jurisdiction could not interfere into such findings unless and until miscarriage of justice had been established---Constitutional petition was not maintainable when evidence in the case had properly been appreciated--Appellate Court had passed the decree after properly evaluating the evidence available on record---Constitutional petition was dismissed, in circumstances.