Determination of amount of Khula

Trial Court dissolved the marriage on the basis of Khula with the condition that the decree would become final on payment of Rs.39559 as amount of Khula within one month, and in case of failure the suit would be deemed dismissed

Shariat Court through impugned judgment, while accepting appeal partially modified the decree to the effect that question regarding the return of the amount of Khula, was a civil liability which could be enforced by the husband through a separate suit

Validity

After framing specific issue on the question of Khula, parties were provided opportunity for producing proof, and the Family Court after appreciation of evidence, had determined the amount of Khula and question of determination of amount of Khula, had attained finality

Statutory provisions of S.13 of the Azad Jammu and Kashmir Family Courts Act, 1993, remained out of consideration by both the courts below, interpretation of which demanded that whole scheme of the Act along with Preamble had to be considered and appreciated

Intention of the Legislature was clearly ascertainable that the purpose of enforcement of the Family Courts Act was expeditious settlement and disposal of the disputes relating to marriage and family affairs and the matters connected therewith

Once a question of fact had been determined by the Family Court after due appreciation of evidence, dragging the parties on the same question of fact in civil suit, would amount to defeat the very purpose of the special law

Impugned judgment of the Shariat Court was modified by the Supreme Court to the extent that for recovery of the amount of Khula, determined by the Family Court, separate civil suit was not required and such order was executable under the provisions of S.13 of Azad Jammu and Kashmir Family Courts Act, 1993 in circumstances

Order accordingly.