' Mst. Samia Naz, respondent No.2 had filed a suit for grant of decree for dissolution of marriage in the Court of learned Senior Civil Judge/Judge Family Court. The suit was contested and was decreed in favour of the plaintiff on the basis of Khula on 16-6-2004. Defendant namely Ijaz Ahmad had challenged this decree on the basis of provisions of section 10(4) of West Pakistan Family Courts Act, 1964 by stating that according to that provision learned Judge Family Court was bound to grant Zar-e-Khula in case a decree was being passed in favour of the plaintiff. Learned counsel appearing on behalf of respondent has not been able to controvert this legal position.
2. After considering the arguments of both the learned counsel for the parties and perusal of the record, I have found that the decree dated 16-6-2004 was passed on the basis of Khula in favour of the plaintiff but the learned Judge Family Court did not take into consideration the newly-added proviso the section 10(4) of West Pakistan Family Courts Act, 1964 which reads as under: "Provided that notwithstanding any decision or judgment of any Court or Tribunal, the Family Court in a suit for dissolution of marriage, if reconciliation fails, shall pass decree for dissolution of marriage forthwith and shall also restore to the husband the Haq Mehr, received by the wife in consideration of marriage at the time of marriage."
3. The decree for dissolution of marriage having been passed in favour of Mst. Samia Naz is upheld and is not being disturbed but the case is remanded to the learned Judge Family Court concerned, to grant an opportunity of hearing to the parties, record the evidence and to determine as to how much Haq Mahr was received by wife in consideration of marriage at the time of marriage and as to whether the petitioner/ defendant was entitled to such benefits or not and to pass a decree strictly in accordance with law. The writ petition to that extent is accepted, with no order as to costs.