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2001 YLR 1686

MUHAMMAD BAKHSH vs Mst. AZIMAN and another

Citation2001 YLR 1686
CourtLahore High Court
Case No.Writ Petition No, 13072 of 2000
Date2000-12-22
Judge(s)Fakhar-un-Nisa Khokhar
ResultOrder accordingly

This is a writ petition. At the preliminary stage learned counsel for the respondent and Mst. Aziman in person alongwith Muhammad lqbal minor are present. She is duly recognized by learned counsel for the petitioner and learned counsel for the respondent. She states that suit for dissolution of marriage was filed forcibly by her parents on her behalf as her marriage was an exchange marriage where petitioner's sister namely Mst. Sughran. Was married with her brother and she got married with petitioner Muhammad Bakhsh. She was living happily with her two children in her husband's house, when Mst. Sughran left the house of her brother and divorce took place between Mst. Sughran and Muhammad Rafeeq, therefore, as a counter blast this Family suit was filed on her behalf. She did appear in the Family Court but under fear of her life, now she does not want that decree is maintained any further and has no objection if the same is set aside.

2. Learned counsel for the petitioner submits that petitioner is always wiling to take the respondent as his wife, as he had two children out of the wed lock and welfare of children is paramount consideration.

3. In view of the statement arrived at between the parties out side the Court and after being satisfied that the respondent was not inclined to file the present suit which was the outcome of exchange marriage being broken and she has small children who need their father the judgment and decree of the learned trial Court are given on the basis that both the parties are adamant and are separated. Their relationships are strained and there is no possibility of peaceful coexistence, therefore, the marriage is dissolved on the basis of Khula.

4. Now the respondent brought the actual hard facts and has explained the circumstances, which were responsible for bringing the suit for dissolution of marriage, therefore, the judgment and

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