Procedure and conditions

2017 YLRN 402 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 5, Sched. & S.10(4)Dissolution of marriageGrant of KhulaProcedure and conditionsPre-trial proceedings failed and marriage was dissolved by way of KhulaContention of defendant husband was that no direction for return of dower amount was passedValidityObject of S. 10(4) of Family Courts Act, 1964 was to expedite the disposal of matrimonial disputes of the spousesHusband could dissolve the marriage by pronouncing divorce without any embargoWife could not be restrained to maintain her marital tie in a hatred atmosphere against her wish and whimKhula was a conditional divorce against restoration of dower to the husband if paid to the wifeBridal gifts presented by husband before or after the marriage to wife were not included in the domain of dowerHusband could not claim the return of bridal gifts from the wife in lieu of khula

Dower amount in case of dissolution of marriage by way of khula if already paid to the wife was to be restored to the husband

Family Court should make logical and meaningful efforts for reconciliation to protect marital tie

Family members of the spouses could be called for participation in the reconciliation proceedings by the Family Court

Pre-trial proceedings were not mere a tool of obtaining khula

Physical presence of the spouses was mandatory at the occasion of reconciliation

Neither any counsel nor any member of the family of the parties could be permitted to represent themselves before the Court in absence of the wife nor any statement of denial on behalf of wife was to be accepted if she was away from the Family Court when case was fixed for pre-trial proceedings

Family Court was to pass decree for dissolution of marriage straightway if reconciliation efforts resulted in failure and wife was to restore dower amount or any article given in shape of dower received by the wife in consideration of marriage

Family Court was not to consider the verbal claim of husband with regard to return of such dower

Husband would be at liberty to file appropriate proceedings to avail such remedy

If wife failed to comply with directions for return of dower even then subject decree would not become invalid

Husband could file proper proceedings against wife for recovery of dower in accordance with law

Wife, in the present case, had developed hatred against husband and she refused to join him during reconciliation proceedings

Husband had failed to substantiate his claim of payment of dower to the wife

Family Court in absence of proof of delivery of dower to the wife was not bound to grant khula in lieu of restoration of dower

No illegality or material irregularity had been pointed out in the impugned judgment passed by the Family Court

Constitutional petition was dismissed in circumstances.