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AMEL KHAN KASI versus NOREEN KAUSAR

Section 10 (4) Constitution of Pakistan, Article 199 Constitutional Petition Declaration of Failure to Pay Dhula Settlement, Dover, Passing Initial Order of the Tribunal, gave to Khulla and the husband handled matters relating to payment of indoor money to his wife. Legitimate indications showed that the Dover amount was to be paid on demand but nothing was said that anything was paid at the time of the marriage and that the marriage was implemented by the Family Court section of the West Pakistan Family Courts Act, 1964. 10 (4). The family court had no choice but to issue a preliminary injunction, especially if the marriage failed - at the time of the marriage - to dissolve the marriage and restore the husband's right to marriage. What is clear is that in the statement that she was not willing to continue the marriage and the alliance had become unpleasant, no party could be forced to stay with T. Besides, even if there were only issues of conformity, the husband only In its written statement, Khulla's decree can be approved only with the payment of money. Le Court denies interference with petitioner's order Conditions \ r \ n Kalsoom section 10(4) of West Pakistan Family Courts Act was discussed and principles regarding Khula were laid down. In my humble view when dower is fixed as on demand unless contrary is proved by the husband the presumption would be that such dower was not paid. However, parties did not agree to such situation, therefore, the trial Court has already framed issues in this regard. In my opinion, the facts and circumstances of this case are such that do not require any interference by this Court in constitutional jurisdiction, which is discretionary under Article 199 of the Constitution of Islamic Republic of Pakistan at this stage. In view of above this petition is dismissed with no order as to cost. However, it has been noted that in the impugned order the learned trial Court has observed that the plaintiff is ready to remit her dower amount in consideration of Khula, although she claims not to have received any, therefore in such circumstances the respondent No.1 is directed to deposit Rs.25,000 with the Nazir of District Court East Karachi within two weeks and the Nazir shall invest such amount in some government profitable scheme and such amount shall be subject to any final order of the Family Court concerned, when the issues framed by the trial Court are finally decided. With these observations petition stands disposed of along with listed applications in above terms. MH/A-104/Sindh Petition dismissed.