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4 J.L. & Soc'y 51 (1985)
Supreme Court on Khula: Khurshid Bibi vs. Mohammad Amin (PLD 1967 S.C. 97)

handle is hein.journals/jlsup4 and id is 59 raw text is: 

Journal of                                    Faculty of Law
Law &  Society                                University of Pesbawar
Vol. IV, No. 4                                January, 1985

                        CASE BOOK

                           Reviewed by
                  *Mrs. SHAHEEN SARDAR ALI

      A suit was brought by Mst. Khurshid Bibi, for dissolution of her
marriage with Baboo  Muhammad   Amin  in a Civil Court at Khanpur
District Rahimyar Khan. A counter suit, for restitution of conjugal
rights, was brough by the husband. Khurshid Bibi's suit was dismissed,
while that of the husband was decreed  by the Senior Civil Judge,
Rahimyar  Khan. The wife then brought a suit for a declaration that
she had been divorced by the husband, or in the alternative for disso-
lution of marriage by way of Khula, in the court of Civil Judge, Toba
Tek  Singh, District Lyallpur. Her case was that the rift between the
parties was so serious that there was no chance of reconciliation, and
harmonious  relations between the spouses had become  an  impossi-
bility. She also alleged in her plaint that her husband had not spent
any  money on his Nikah with her, and that she was prepared to give
up  her dower money  in return for her release from the matrimonial
tie. Mohammad  Amin, in his written statement denied that the relations
between  the spouses had become strained. He also averred that he had
spent a sum of Rs. 2,000/- on his marriage with Khurshid Bibi. He dec-
lared that even if she gave up her dower money he would not be pre-
pared  to divorce her. The learned Civil Judge passed judgement in
favour  of the wife, without, however making it clear on what condi-
tions the decree was being passed.
      On  appeal, the learned District Judge, Lyallpur, took the view
 that this was not a case in which Khula should have been granted. He
 observed that Mst. Khurshid Bibi as her own witness in the case had
 admitted that her husband's treatment of her was unexceptionable at
 the outset but that subsequently he changed and took a second wife,
 after which he started subjecting her to physical violence. She had
 earlier asserted the fact that after her first suit had been dismissed,
 her husband had pronounced divorce on her orally. But in the opinion

 *Assistant Professor, Law College, University of Peshawar.

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