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Writ Petition No.4983 of 1983, decided on 28th January, 1984.
---S.7--Khula--Wife having developed hatred against husband on account of fact that he compelled her to convert her sect--Held, spouses, could not lead their matrimonial life within limits prescribed by Allah--Dissolution of marriage on ground of Khula not interfered with in exercise of constitutional jurisdiction.
Bibi Jamila Begum v. Muhammad Bashir 1984 S C-_M R 1372 and Mst. Khurshid Bibi v. Babu Muhammad Amin P L D 196.7 S C 97 ref.
Allah Wasaya Malik for Petitioner.
Qazi Khurshid Ahmad for Respondents Nos.2 and 3.
Date of hearing: 28th January, 1984.
Marriage between Muhammad Afzal petitioner and Mst. Sabo, respondent No.1, hereinafter referred to as the respondent, was performed on 2-10-1979. On 5-12-1981, the respondent filed a suit for dissolution of marriage against the petitioner on the grounds of cruelty, non-performance of marital obligations, non-maintenance, compulsion by the husband to the wife to change her faith as Shia and Khula.
2. The suit was of course resisted by the petitioner who controverted the respondent's allegations and contended that the petitioner's sister was married to the paternal uncle of the respondent in exchange of the petitioner's marriage with the respondent. The father of the respondent brought petitioner's sister to his (petitioner's) house and made the respondent to accompany him on the pretext that she was being taker, for normal meeting with her relatives. Subsequently, however despite the efforts of the petitioner, respondent was not sent back to his house and she filed the suit for dissolution of marriage.
3. The learned Judge Family Court after considering the parties evidence, adduced before him, decided all the issues against the respondent and dismissed her suit.
4. The respondent, thereafter preferred an appeal and the learned Additional District Judge, Bhakkar vide his judgment dated 12-9-1983 accepted her appeal and dissolved the marriage of the petitioner and the respondent on the ground of Khula.
5. The aforesaid judgment dated 12-9-1983 passed by the learned Additional District Judge, Bhakkar, has been assailed through the present Constitutional Petition.
6. It has been contended on behalf of the petitioner that there was nothing on the record to justify the finding that the parties could not live within the limits of God. It has further been urged that in fact the impugned judgment which is a one page judgment, mostly states the facts of the case and there is only one sentence to the effect that it was not possible for the parties to live together as man and wife and that no reasons were specified to come to this conclusion. It is thus alleged that this is not a speaking judgment and could not be regarded as a judgment at all.
7. The above contentions when considered in depth do not appear to have any substance. The learned Additional District Judge has considered the parties evidence and has come to the conclusion that the respondent was a Shia and she used to be compelled by the petitioner to convert into Sunni but she was not prepared to do so and on that account she had developed hatred for the petitioner. For these reasons, he has found that it was not possible for the parties to lead their matrimonial life within the limits ordained by God Almighty.
8. In Bibi Jamila Begum v. Muhammad Bashir 1984 S C M R 1372 it was noticed that incurable aversion to the husband on the part of the wife would be sufficient justification for Khula. In Mst. Khurshid Bibi v. Babu Muhammad Amin (P L D 1976 S C 97) wife's right to claim dissolution of marriage on the ground of Khula has been recognized and considered a right similar to the one which the husband possesses to divorce his wife.
9. In the circumstances of the under consideration case, as already observed, the learned Additional District Judge has found -that the wife had developed hatred against the husband on account of the fact that he compelled her to convert to his sect and that the spouses, therefore, could not lead their matrimonial life within the limits of Allah. This finding cannot and should not be interfered with in exercise of the constitutional jurisdiction. The Constitutional Petition, therefore, fails and is dismissed with no order as to costs.
S. A. /3040/L Petition dismissed.
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