' The petitioner and Khadim Hussain respondent were married on 7-4-1978, but differences arose between them within a week of the marriage. They have been living apart eversince. The petitioner brought a suit for dissolution of marriage. She alleged cruelty, non-maintenance and mis- appropriation of her ornaments and also Khula as grounds for dissolution of marriage. The trial Court found all the issues against the petitioner and dismissed the suit on 26-11-1981. The petitioner challenged the orders in appeal but the appeal too was dismissed by the orders of Mr. Muhammad Ramzan Malik, learned District Judge, Sialkot on 1-3-1983. She has now invoked the constitutional jurisdiction of this Court and the petition was admitted to consider whether the law relating to Khula has been misapplied to the case of the petitioner.
2. After going through the judgments of the trial Court and the appellate Court, it seems that the two Courts were persuaded by the insufficiency of reason for the hatred between the parties. The law laid down in Mst. Khurshid Bibi's case, on the other hand, goes to the extent of declaring that a wife can claim Khula as of right. The only case in which Khula' can be refused is where it is sought for immoral purposes. In the present case the desire of the wife to contract a second marriage after dissolution of the first marriage cannot be termed as an immoral purpose. The learned District Judge has, therefore, not correctly appreciated the law while dismissing the appeal.
Similarly, it is not important why the wife hates the husband but whether she actually hates him. In the present case the mere fact that the parties have not lived together beyond a period of one week should be a sufficient indication of the tension between the parties. It is clear, therefore, that the trial Court or the appellate Court has not applied the law correctly to the facts of the case. This writ petition is allowed. The matter is remitted to the trial Court for fresh decision in accordance with law, as it relates to Khula. The parties are directed to appear before the trial Court on 11-4-1985.
There shall be no order as to costs.