Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Civil Petition for Special Leave to Appeal No. 411 of 1968, decided on 21st November 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 16th October 1968, in Writ Petition No. 2043 of 1967).
S. 5 read with Sched.‑Dissolution of Muslim marriage‑Family Court dissolving marriage holding that the wife had developed intense dislike for her husband and in such circumstances she would "certainly be transgressing the limits of God" if forced to live with him‑‑Order passed by Court, held, proper.
Bilqis Fatima v. Najm‑u1‑Ikram P L D 1959 Lah. 566 and Khurshid Bibi v. Muhammad Amin P L D 1967 S C 97 ref.
Raza Kazim, Advocate Supreme Court instructed by Sh. Masood Akhtar, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 21st November 1968.
The petitioner seeks leave to appeal from the judgment and order of a Division Bench of the High Court of West Pakistan, Lahore, dismissing a writ petition filed by him calling in question an order passed by the Senior Civil Judge Lahore, acting as Family Court dissolving the marriage of the, respondent No. 1 with the petitioner.
The learned Civil Judge found that the plaintiff (respondent No. 1) had developed an extreme dislike for the petitioner and therefore it would be highly improper to force her to a life which would be quite repulsive to her. She would in those circumstances "certainly be transgressing the limits of God, while living with him" (the petitioner).
The learned Judges of the High Court on a reference to two decisions reported as Bilqis Fatima v. Najm‑ul‑Ikram (A I R 1956 Pat. 398) and Khurshid Bibi v. Muhammad Amin (P L D 1967 S C 97) came to the conclusion that the learned Civil Judge in view of the evidence rightly dissolved the marriage in question.
Mr. Raza Kazim strenuously argued that the facts of the instant case are distinguishable from the facts of the reported decisions inasmuch as in none of them mere dislike of the wife was considered to be a sufficient ground for dissolving a marriage. We are unable to accept this contention. The decision in Khurshid Bibi's case clearly support the conclusion at which the learned Civil Judge arrived. The finding that in view of the strong dislike of the wife for the petitioner she would not be able to love him and would certainly be transgressing the limits of God was sufficient to grant a decree for dissolution of marriage.
The petition is dismissed.
Leave refused.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer