2025 PLP 1918 (CLC)

SARDAR MUHAMMAD EJAZ KHAN, J.

The captioned appeal has been filed against the judgment and decree dated 10.12.2024, passed by the learned Additional District Judge empowered as Judge Family Court Muzaffarabad, whereby, decree for dissolution of marriage on the basis of Khula has been passed in favour of plaintiff.

2. The facts leading to the instant appeal are that Mst. Nazia Qamar, plaintiff-respondent, herein, filed a suit for dissolution of marriage before Additional District Judge empowered as Judge Family Court, Muzaffarabad on 20.07.2024. After filing of the suit, the other side was summoned who filed written statements through which he negated the claim of plaintiff. Thereafter, the learned trial Court conducted pre-trial proceedings as provided under section 10 of the Azad Jammu and Kashmir Family Courts Act, 1993. After hearing the learned Advocates for the parties, the learned trial Court issued decree, for dissolution of marriage on the ground of Khula in favour of plaintiff-respondent against consideration of dower amounting to Rs. 50,825/- through the impugned judgment and decree dated 10.12.2024, hence, this appeal.

3. Arguments heard. Record perused.

4. A contemplate perusal of record reveals that plaintiff-respondent, herein, filed a suit for dissolution of marriage against defendant on the basis of maltreatment, non-payment of maintenance allowance and non-performance of marital obligation. It was alleged by her that the defendant used to beat and abuse her and at last due to his maltreatment she constrained to live with her parents, therefore, it is not possible for her to live with the defendant as a wife because she dislikes him.

5. On pre-trial proceeding the plaintiff-respondent also filed an application for depositing consideration amount of dower i.e. Rs. 50,825 mentioned in the "Nikahnama" and also got recorded her statement, whereby, she prayed for dissolution of marriage on the basis of Khula, whereas, defendant also recorded his statement on 03.12.2024. In the light of version taken by the plaintiff there was no occasion for the trial Court to record evidence, hence, keeping in view overall circumstances of the case, the learned Court rightly passed a decree for dissolution of marriage on the basis of Khula through judgment and decree dated 10.12.2024. The record clearly reflects that the plaintiff has consistently and categorically expressed her unwillingness to continue the marital relationship with the defendant under any circumstances. The Trial Court having duly considered the facts, circumstances and the irrevocable nature of the plaintiff's stance, rightly exercised its jurisdiction in granting the decree for dissolution of marriage on the ground of Khula. There is no indication of any procedural impropriety, legal infirmity or miscarriage of justice in the impugned judgment and decree. The decree of Khula has been lawfully passed, upholding the plaintiff's right to seek dissolution of marriage on the basis of incompatibility and unwillingness to cohabit, which are valid and recognized grounds under the law, therefore, the impugned judgment and decree dated 10.12.2024, does not warrant any interference by this Court.

6. The crux of above discussion is that finding no substance in the instant appeal, the same is hereby dismissed. SA/34/AJK-HC Appeal dismissed.