' SYED TAHIR ALI SHAH, J--- Petitioner seeks leave to appeal by challenging the order returned by the Chief Court Northern Areas, dated 18-6-2007, whereby judgment/decree passed by Additional District and Sessions Judge, Astore dated 29-3-2007, was maintained.
2. Facts, briefly, forming background of the case are that petitioner Abdul Rehman got the hands of Mst. Nagmali, the respondent and tied up in matrimonial relationship some years back. Relation between the spouses remained friendly in the beginning and a child was also born from the wedlock. The institution of a criminal case against the petitioner, as averred in the pleadings compelled the petitioner to desert his village and consequently he left for Lahore and remained there for about six years. During the absence of the husband treatment of his in-laws turned hostile towards the respondent and she often received maltreatment. During such absence the petitioner neither provided maintenance to his wife nor the matrimonial obligation extended to her resulting the filing of instant proceedings in Civil Court for dissolution of marriage.
3. The suit was hotly contested and many legal points besides factual ones were raised and the parties availed full opportunity of proof and rebuttal.
4. The trial Judge after having a full inquiry decreed the suit but was challenged in the 1st Appellate Court, however, the appellant Abdul Rehman failed to get any relief therefrom. Not contended with the findings of the two lower Courts the petitioner filed a revision petition which met the same fate.
The findings of Chief Court are now impugned before us
5. The learned counsel appearing for the petitioner stressed on the sole point that the suit has been filed for dissolution on the basis of "Khula" and the Civil Court having not vested with such jurisdiction is not competent to pass a decree on the basis of "Khula".
6. We have considered the points so raised in the light of the available record and relevant law. It seems that the point so raised is totally misconceived. As envisaged in Mohammedan Law a valid divorce can be effected between the spouses with the consent of the parties. The Court on the basis of an agreement arrived at by the parties can competently pass a decree in cases of Khula.
Once the offer is accepted by the husband it operates as a singly irrevocable divorce. The out come is that the demand of Khula by the wife and her consent to part with in favour of husband the benefits received by her, makes a valid and effective ground of separation of a couple.
7. In the instant case the situation and facts are altogether different.A cursory glance reading of the plaint and also the written statements, it appears nowhere that the dissolution has been claimed on the basis of Khula. Even in the statements in the witness-box such claims or defence is entirely missing. However, in the heading of plaint after the word the words appear to be appear which addition seems apparently an afterthought. The hand writing of the added words and the original one distinctly differs to each other. However, dissolution of connubial connection was based firstly on non-providing of maintenance and failure to perform marital obligations for a period of 6 years.
The plaintiff, as appeared from the record has successfully proved the issues the onus of probandi being on her shoulder whereas defendant/ petitioner miserably failed to disprove the same. We also failed to notice any misreading or non reading of evidence to interfere in the findings returned by the lower Courts.
Islam does not force on the spouses a life devoid of harmony and happiness and if the spouses cannot live together as they should, it permits separation. The cause of any unlawful and wilful commission or omission on the part of husband, develop hatred towards him which even at the cost of loss or fear of injury, it is better that separation between the spouses should take effect.
Where the Court felt convinced that existing un-happy relation between the parties held out no hope for their future happy living together within limits prescribed by "Allah" and the purpose of marriage ties seems to be frustrated, it would be better to separate parties rather to force them to leave in an atmosphere perpetually saturated with mental distrust, discard and hatred.
' Whatever discussed above and looked from any angle we failed ' to find the petition meriting acceptance. The same is dismissed in limine.