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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 SUPREME COURT ON KHULA KHURSHID BIBI Vs. MOHAMMAD AMIN (PLD 1967 S.C. 97) 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. 51

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