' Mst. Pirzada Jamila Jilanee, respondent No,1 had instituted a suit for dissolution of marriage in the Court of Judge Family Court, Islamabad, against the petitioner who filed his written statement and while denying the averments of the plaint stated that the marriage of the spouses was performed on the dream of first wife of the petitioner namely Mst. Zakiya Malik who deposed that she was legally wedded wife of Malik Ghulam Nabi Awan and she saw a dream that some people were assembled in the ground under a big tent and chicken legs were roasted. A voice from Allah Taala bades to eat, more would be given and who was standing at a distance was our own man, her husband. If he ever was a short of temper, have patience, big reward is there. Another dream, she saw a big assemblage in front of their door. Baba Jee (Al Sayed Abdul Mabood Jilanee) was addressing and her husband was standing beside. Yet another dream, she saw Sheikh Abdul Qadir Jilanee was in audience on the ground-floor and Safari Baba was sitting beside her husband in the lap of the Exalted Sheikh. She hesitated to come down stairs when her husband questioned her to come down. Yet in an occasion, she saw assembly of people on the road in front of their house and that her husband/petitioner was sitting on a raised thrown which was lit with dazzling lights. The petitioner himself had seen two dreams in the year 1985.
2. It has been averred that the petitioner and the respondent were fully devoted and dedicated to the pious mission of the late Pir Alhaj Abdul Mabood Jilanee (Baba lee), a saint of the highest spiritual position. The respondent is the granddaughter and the petitioner is his disciple and their marriage was arranged and contacted in pursuit of the mission of the late Pir Sahib (Baba Jee).
Everybody concerned and the respondent/plaintiff and her parents, respondents Nos.4 to 7, and other relatives acknowledged the spiritual nature of the marriage.
3. The learned Judge Family Court, from the factual controversy appearing on the pleadings of the parties, led to frame the following issues:--
(1) Whether the plaintiff is estopped to file the present suit? OPD
(2) Whether this Court has got no jurisdiction to try the suit? OPD
(3) Whether the plaintiff has got no cause of action to file this suit? OPD
(4) Whether the plaintiff is entitled to the decree for dissolution of marriage on the grounds of Khula' as prayed for? OPD
(5) Relief.
5. The plaintiff/respondent No,1 herself appeared as P.W.1 and got recorded her statement. In rebuttal, the defendant/petitioner appeared as D.W.2 and produced certified copy of Nikahnama Exh.D.l, permission for second marriage Exh.D.2 and the statement of the plaintiff in the previous suit for dissolution of marriage on the basis of Khula' as Exh.D.3.
6. After recording and appreciating the evidence of the parties, the learned Judge Family Court vide his judgment and decree, dated 30-10-2001 decreed the suit, which has been assailed through the instant writ petition by the petitioner who himself appeared and argued his case.
7. The petitioner has argued that the woman who will get divorce from her husband on the basis of Khula' would not be entitled to enter into Paradise and the woman who claims divorce from her husband would be deprived of the fragrance of Paradise. He further contended that the act of divorce is most disliked act by the Almighty Allah.
8. I have heard the arguments Of the petitioner Mst. Jamila Pirzada plaintiff herself appeared in evidence as P.W.1. She stated that due to difference of temperament, she would not be able to lead life with her husband/petitioner. The petitioner appeared to controvert the allegation levelled by the plaintiff but due to his unpleasant behaviour, he was expelled from the trial Court during his evidence, as a result of which his evidence was closed. The petitioner has argued that his wife, respondent No,1, had already filed a suit for dissolution of marriage on the ground of Khula', which was dismissed as withdrawn and the present suit was hit by the principle of res judicata. It is settled proposition of law by the apex Court of this country that the wife can again and again take the plea of Khula' if she establishes a case for the grant of dissolution of marriage.
9. The marriage is a civil contract between the two opposite sex for procreation of children and for social set-up and any condition imposed on the wife restraining her from exercising her right of claiming divorce would be void ab initio. No restriction IB can be imposed on the wife contrary to the principles of Islam and Sunna. The Holy Prophet (p.b.u.h.) had directed the Muslim women to get divorce on the basis of Khula' if the woman would not be able to lead her present life within the limits prescribed by Almighty Allah.
10. The plaintiff/respondent had deposed in her statement that she wanted divorce even at the cost of her life, meaning thereby that she would rather prefer to die than to go and live with her husband/petitioner, therefore, in view of the above circumstances and unhappy relations between the petitioner and the respondent No,1, there existed genuine cause for their separation on the basis of Khula'. In such an eventuality, the spouses cannot be forced to live together in a hateful union and within the limits ordained by Almighty Allah and in such a situation, Qazi is bound to terminate the marriage-tie between the husband and wife. The petitioner has not been able to point out any illegality or jurisdictional defect in the impugned judgment and decree passed by the learned trial Court, therefore, the same is maintained.
11. Since the marriage a the parties has been contracted under the impression of some dreams to carry out the mission of their D predecessor Baba Jee (Pir Al-Haj Abdul Mahood Jilanee) but they are unable to continue their mission for which the parties had contracted the marriage. Also, there is difference of temperaments between them, therefore, it would be better for them to separate from each other and dissolve the marriage than to continue the same to lead the critical and unpleasant life.
12. For the foregoing reasons, the present writ petition having no force is dismissed in limine. So far the other prayers of the petitioner contained in the writ petition that respondent No,1 be restrained from re-marrying with any other person and respondents Nos.4 to 7 be directed not to marry her with any other person, the direction sought for cannot be given as it is against the principles of Qur'an and Sunna and Almighty Allah has given the right to everybody to contract the marriage.