Unknown vs Unknown — 1971 PLD 192

Citation: 1971 PLD 192

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as PLD 1971 Supreme Court 192

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan, Sajjad JUDGMENT Reported As: PLD 1971 Supreme Court 192 Result: Appeal accepted Judgment JUDGMENT HAMOODUR RAHMAN, C.J.--This appeal, by special leave, arises out of a judgment of a learned Single Judge of the erstwhile High Court of West Pakistan, Lahore Seat, in a second appeal. This appeal arose out of a suit for dissolution of marriage on the ground of habitual cruelty, non- maintenance for more than two years and misappropriation of her property in the form of ornaments, etc. This suit was decreed by the trial Court, but on appeal the Additional District Judge, Lyallpur, reversed the decision of the trial Court and dismissed the suit for dissolution of marriage. In second appeal before the High Court the learned counsel for the present respondent conceded that he was not in a position to assail the findings of fact with regard to cruelty and non- maintenance, but he maintained that the relations between the spouses had become so highly strained that it was impossible for them any longer to live together in amity and goodwill. In the circumstances, it was prayed that the High Court should, applying the principles laid down by this Court in the case of Khurshid Bibi v. Mohd. Amin and by a Full Bench of the High Court itself in the case of Bilqis Fatima v. Najmul Ikram , grant a decree for dissolution of marriage on the basis of "Khula` ", particularly, since the…

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