KARIM BAKHSH vs Mst. MUBARIK JAN — 1970 PLD 169

Citation: 1970 PLD 169

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-03-18

Parties: KARIM BAKHSH vs Mst. MUBARIK JAN

Headnotes

Case cited as PLD 1970 Peshawar 169

Judgment Text

Court Name: Peshawar High Court Judge(s): Nasim Hasan Shah, Qadeeruddin Ahmed Title: KARIM BAKHSH vs Mst. MUBARIK JAN Case No.: Civil Revision No. 40 of 1970 Date of Judgment:1970-03-18 Reported As: PLD 1970 Peshawar 169 Result: Petition dismissed JUDGMENT JUDGMENT NASIM HASAN SHAH, J.-The facts which form the back--ground are that the nikah ceremony between the petitioner and the respondent was performed on 2-10-1954. According to the respondent she came to know before her rukhsati that the petitioner was a man of ill repute and a drunkard. She, therefore, instituted a suit against the present petitioner before a Union Council for dissolution of the marriage and obtained a decrees. The decree was challenged by the present petitioner by a revision petition before the Controlling Authority. During the pendency of this revision petition, the petitioner also instituted a suit for restitution of conjugal rights before the Judge, Family Court, Peshawar. The respondent also filed a suit before the same Court, for dissolution of the marriage by way of khula. Both the suits were consolidated by the learned Family Court and heard together. On the pleadings of the parties, the following issues were framed: (1) Whether the plaintiff has got a cause of action? (2) Whether a valid decree of dissolution has been granted to the plaintiff against the defendant by the Chairman, Ward No. 13, if so, its effect? (3) Whether the plaintiff is entitled to a decree of dissolution by way of…

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