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ABU TALIB KHAN BARKI versus JUDGE FAMILY COURT

Section 10 (4) and Proviso Kh dissolution of marriage on the basis of Khulla Haq Mahar, restitution - Special circumstances of marriage not related to Haqqa Mahar - Husband issued an unidentified family court order under which Khulla was adopted by her husband. Second, the wife had to return the gold given in the name of Haqqa Mahar in lieu of the decree of dissolution of the marriage, which was not ordered by the Family Court - Justification - reliance on the husband's marriage contract CL 17 Which provided with a special condition. Regarding the marriage contract, which was not a conditional right, but an independent clause, and any item given under the said clause did not have to be returned by the wife at the time of grant of the marriage, hence the unlawful order External Court of Appeal was dismissed under circumstances not present, in circumstances [p 884] A&B

P L D 2017 Lahore 882

Before Ayesha A. Malik and Jawad Hassan, JJ 

ABU TALIB KHAN BARKI—Appellant

versus

JUDGE FAMILY COURT and others—Respondents 

I.-C.A. No. 1175 of 2015, decided on 19th September, 2017.

Family Courts Act (XXXV of 1964)—

—S. 10 (4) & proviso—Dissolution of marriage on the basis of Khula—Haq Mehr, restoration of—Special condition of Nikkah not related to Haq Mehr—Husband impugned order of Family Court whereby khula was granted to wife—Contention of husband, inter alia, was that the wife was required to return gold given as Haq Mehr in lieu of decree of dissolution of marriage, which was not ordered by Family Court—Validity—Husband relied on cl. 17 of the Nikkahnama which provided for special condition attached to contract of marriage, which condition was not related to Haq Mehr, but was an independent clause, and any item given under the said clause did not have to be returned by wife at time of grant of Khula—No illegality therefore existed in impugned order—Intra-court appeal was dismissed, in circumstances. [p. 884] A & B

Tariq Masood for Appellant.

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