Dissolution of Marriage 2013 CLC 276 LHC Case Laws, Ss. 10(4), 5 & Sched.—Constitution of Pakistan, Art.199—Constitutional petition—Khula—Suit for Dissolution of Marriage on basis of Khula was decreed and wife was directed to return gold and land received from husband in lieu of decree of Khula—Contention of wife inter alia was that a specific amount of money was mentioned in Column 13 of the Nikahnama which was to be the consideration for the Khula and that the gold was a bridal gift whereas the land was not Haq Mehr but a validly made gift in the wife’s favour—Validity—Under Islamic Law marriage between a Muslim man and woman could be dissolved on basis of Khula for which some consideration is given in the form of dower which the wife was entitled to receive at the time of demand—Wife was also entitled to receive bridal gifts at the time of marriage which was solely the wife’s property—Once gift of land was made, the title/ownership of the same departed from the original doner and vested to the donee which, without consent of the latter, could not be returned—Amount of money was mentioned in column 13 of the Nikahnama in the present case, and consideration for Khula was to be the said amount which was specifically mentioned in the Nikahnama—Gold and land were bridal gifts which were to remain in the ownership of the wife—High Court set aside findings of the courts below and directed that wife be allowed to retain the gold and land—Constitutional petition was allowed, in circumstances.
Dissolution of Marriage 2013 CLC 276 LHC Case Laws
