Consent of Husband on Dissolution of Marriage by way of Khula

West Pakistan Family Courts Act (XXXV of 1964) Section. 5, Sched. & S.10—Dissolution of Muslim Marriages Act (VIII of 1939), S. 2—Dissolution of marriage on ground of Khula'—Scope—Consent of husband for such dissolution would not be necessary—Judge, in case of husband's dis-agreement to dissolve marriage, could determine question as to whether spouses, if they continued living together, could observe limits of God or not—Duty of Judge to make genuine attempt for reconciliation between spouses—Judge in case of failure of reconciliation efforts could pass forthwith decree for dissolution of marriage— Where Judge while passing such decree, observed that wife was not willing to live with husband without any fault of his, then Judge would have no option but to restore to husband dower (Haqe-Mehr) received by wife at time of marriage—Wife seeking divorce for having developed extreme hatred and disliking for her husband would have to restore the consideration of marriage (dower) to husband—Where in view of Judge husband by his arrogant, cruel and obnoxious nature or behavior compelled wife to seek "Khula", then she would be entitled to all due benefits along with dissolution of marriage

PLD 2013 Peshawar 12