1994 PLP 2451 (MLD)

Through this Constitutional petition, the husband seeks to challenge the decree for the dissolution of marriage on the basis of Khula' by Judge Family Court, Jhang. On 16-8-1994, the learned counsel for the petitioner having argued this case at some length conceded before this Court to relinquish all other points urged in this petition except the return of benefits drawn by the respondent at the time of marriage. A pre-admission notice was issued to respondent on this limited question alone. The learned counsel for the petitioner has referred to the written statement filed by petitioner and his statement during the trial to contend that the respondent wife came to his house after Rukhsati on 30-12-1993 and just two days thereafter left the house taking away ornaments and a cash of Rs.6,

000. A case was also got registered by the petitioner for the abduction and theft. The statement of petitioner reads as under:

2. The only witness who appeared to support the petitioner-defendant was d.W.2, namely, Abdul Rashid. Neither the petitioner, who appeared as D.W,1 nor Abdul Rashid (D.W. 2) in their statement in Court have given details of the ornaments allegedly taken away by respondent-wife at the time when she left petitioner's house. D.W.2 does not say that he saw respondent wife taking away ornaments and the amount in question. His evidence, therefore, is of no help to the petitioner. These allegations of theft are subject-matter of a criminal case the fate of which has not been brought to the notice of this Court. The aforementioned articles are even otherwise irrelevant while deciding the question of Khula'. It is a settled principle of law that while granting Khula' the Court has to advert to the question of benefits received by the wife in consideration of marriage. Nothing has been brought in evidence to indicate that the articles allegedly removed by the wife constituted benefits conferred on her by the husband in consideration of marriage. A husband cannot be permitted to exaggerate his claim by levelling such allegations. The onus is always on him to prove that the benefits/articles, d return of which is sought were received by his wife in consideration of marriage. The removal of these articles is even otherwise denied by the respondent wife. According to her, the dower was fixed at Rs.1,000 and she relinquished the claim of dower in lieu of the grant of Khula' . The principles for the grant of Khula' have been well settled in Qur'an and Sunnah and elucidated in Khurshid Bibi v. Muhammad Amin PLD 1967 SC 97, Abdul Rehman v. The Family Court 1981 CLC 68. 3.???????? For aforementioned reasons there is no merit in this petition which is therefore, dismissed in limine. A.A./A-684/L????????????????????????????????????????????????????????????????????????????????????? Petition dismissed.