1995 PLP 1852 (MLD)

Allah Ditta petitioner was married to Mst. Mumtaz Bibi respondent No.2. Unfortunately the relations between the spouses became strained and Mst. Mumtaz Bibi respondent No.2 instituted a suit to obtain a decree for the dissolution of marriage against the petitioner on the grounds of cruel treatment of Allah Ditta towards her, his bad character, his second marriage without the consent of the plaintiff, misappropriation of belongings of the plaintiff and false charge of adultery against her. She also pleaded for. dissolution of marriage on the basis of Khula`. The suit was resisted by Allah Ditta petitioner who in the written statement refuted the allegations made by Mst. Mumtaz Bibi. He showed his desire to accommodate her.

2. According to the pleadings of the parties following issues were framed of the defendant has been cruel towards the ids of bad character of the defendant, association of the defendant with women of ill‑repute, habitual beatings by the defendant, second marriage of the defendant without consent of the plaintiff, false charges of. adultery against the plaintiff and misappropriation of belongings of the plaintiff? OPP. (2) Whether the plaintiff is entitled for decree of dissolution of marriage on the basis of Khula? If so, on what terms and conditions. (3) Relief. The parties produced their evidence. Holding that Mst. Mumtaz Bibi was not willing to live with Allah Ditta who had contracted his second marriage without her permission, the trial Court held that Mst. Mumtaz Bibi was entitled to Khula` divorce. In the absence of any evidence she was allowed the unconditional Khula` divorce. Thus issue No.2 was decided in her favour. However, issue No.1 was disposed of against her in view of the non‑production of cogent evidence. The suit of Mst. Mumtaz Bibi has been decreed and feeling aggrieved Allah Ditta petitioner has filed this writ petition.

3. I have heard the preliminary arguments addressed by the learned counsel for the petitioner. He has not been able to convince me that Mst. Mumtaz Bibi is not entitled to unconditional Khula` divorce. It is the admitted position that Allah Ditta petitioner contracted the second marriage without the permission of Mst. Mumtaz Bibi respondent No.2. In such a state of affairs her aversion towards him can well be imagined. Obviously the first wife feels an insult if the husband contracts his second marriage. Thus the inception of hatred by Mst. Mumtaz Bibi respondent No.2 towards Allah Ditta petitioner is a natural conduct which has correctly been given the legal weight by the trial Court. Such conduct of the husband towards the wife certainly breaks her heart if not the bones and when heart is broken it is simply immaterial if the bones are intact. In this view of the matter the trial Court has correctly granted Khula` divorce to Mst. Mumtaz Bibi. There being no cogent evidence about the passing of the consideration, respondent No.2 has rightly been granted the unconditional Khula` divorce. I therefore affirm the findings of the trial Court.

4. Finding no force in this writ petition I dismiss the same in limine. C.M. No.1‑95:

5. This application for dispensation of certified copies of the documents has become infructuous in view of the dismissal of the writ petition in limine. AA./A‑848/L Petition dismissed.