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Civil Petition for Special Leave to Appeal No. 29 of 1968, decided on 9th October 1968.
(On appeal from the judgment and order of the High Court West Pakistan, Lahore, dated the 1st November 1967, in Regular Second Appeal No. 93 of 1968).
S. 2--- Suit for dissolution of marriage on grounds of cruelty, non‑payment of maintenance and non performance of marital obligations‑Decree of maintenance obtained by wife not honoured criminal proceedings under S. 107/151, Cr. P. C. between spouses on complain of wife husband having a second wife‑Offer of husband in circumstances, to provide maintenance to wife and a separate house, held, not palpably honest ‑Special Leave to Appeal granted by Supreme Court to consider whether lower Courts were right in dismissing suit on mere offer of husband to maintain wife.
Ataullah Qureshi, Advocate Supreme Court, instructed by Sh. Abdul Karim, Attorney for Petitioner.
Nemo for Respondent.
Date of hearing : 9th October 1968.
This petition, for leave to appeal arises out of a suit brought by the petitioner against her husband the respondent for dissolution of marriage on the grounds of cruelty, non‑payment of maintenance and non‑performance of marital obligations. The husband also filed a suit for restitution of conjugal rights. Both the suits were heard together and dismissed by the Civil Judge III Class, Gujrat. The petitioner filed an appeal which was dismissed by the Additional District Judge, Gujrat. The second appeal in the High Court also was dismissed. One of the issues raised in the suits was whether the petitioner "has no cause of action to bring suit for dissolution of marriage in view of the plaintiff's (the respondent's) willingness to meet her demands". In deciding this issue the learned Civil Judge observed "Hakim Ali has told in clear terms that he is prepared to provide her maintenance and a separate house to his wife but she is not agreeable to it. She wants divorce and has stated that she would not go back at any cost. I feel that the offer of Hakim is not honest one. It is in the evidence of the parties that there were criminal proceedings under section 107/151 between the spouses. These proceedings were started on the complaint of Mst. Fateh 8egum. Thus her husband's respect and honour has been injured. If she is forced to go back there is likelihood that her husband may endanger her life". The] husband has taken a second wife. The petitioner obtained decree for maintenance which has not been honoured.
It is contended that in the above facts the petitioner was entitled to a decree for dissolution of marriage. There is substance in this contention.
Leave is granted. Security in the sum of Rs. 1000. The paper‑book is to be prepared expeditiously and the appeal will be heard early.
Leave granted.
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