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1984 SCMR 523

MUHAMMAD SIDDIQUE vs Mst. KALSOOM BIBI AND OTHERS

Citation1984 SCMR 523
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 1154 of 1983
Date1983-10-04
Judge(s)Nasim Hasan Shah, Aslam Riaz Hussain
ResultPetition dismissed

ORDER

NASIM HASAN SHAH, I.-The learned Judge in the High Court in a matter involving a matrimonial dispute was convinced after considering all the circumstances of the case that "the existing unhappy relations between the parties, who are still involved in litigation, hold out no hope for their living together within the limits prescribed by God Almighty", and held that the wife "could legitimately ask for Khula". He also noted that she was prepared to give up her claim of dowry. In this view of the matter, the dismissal of the suit of the wife by the learned Judge Family Court for dissolution of the marriage on the basis of Khula' and the judgment of the learned District Judge upholding the said order were declared to be without lawful authority and of no legal effect and ordered that the wife's suit should stand decreed on the basis of Khula'. The erstwhile husband feeling aggrieved by the judgment of the High Court has moved this Court for grant of leave to appeal against it.

2. We have heard Sh. Maqbool Ahmad, learned counsel for the petitioner and Mr. Wasim Sajjad, learned counsel for the respondent No, I and are satisfied that this is not a fit case for interference in exercise of this Court's discretionary jurisdiction of granting leave to appeal.

3. This petition is, accordingly, dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 8 cases

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