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SYED MUHAMMAD ALI versus MUSSARAT JABEEN


Section 5 and Schedule to the Constitution of Pakistan (1973), Article 199 Decree Petition to dissolve marriage on the basis of kholaa except that both husband and wife cannot live within the prescribed limits of Allah, when the wife asks for khula If she does, then it is not possible for her to remain as a wife within the prescribed limits of Allah. If after recording the evidence of the wife, the judge decides to dissolve the marriage through Khulla, he would do so. Because he comes to the conclusion that this is not possible for him. In order to live a happy life, the parties had clearly stated through the respondents (wife) of Allah that the applicant (husband) was not good to her, he quarreled with her on small things, with her. Abuse and sometimes beat the respondent in a clear test. She was not ready to live with the applicant at any cost, she wanted to be open to it and was willing to forego her Dwyer amount, so the Family Court had no choice. But, allowing the wife to pray ula phrase is not obligatory for the judge to use the sentence. It is not possible for Allah to stay within the limits of Allah, while ordering the marriage to be broken by the judge by Judge Judge. Mentioning a phrase does not have to dictate it. Effective, unlawful or lawful dissolution of the marriage by the Khulla, the Family Court reached the correct conclusion and according to the law passed the controversial order High Court dismissed the constitutional petition.

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