BIBI Versus GHULAM RASOOL

Through this writ petition the petitioner has challenged the findings of the learned Judge Family Court, M. B. Din on the ground that the learned Judge dissolved the marriage of the petitioner on the basis of Khula' subject to the condition that she shall forego her dower, maintenance and dowry in lieu of Khula'.

2. The contention of the learned counsel for the petitioner is that it is. a settled law-that dowry cannot be termed as a benefit derived by the petitioner exercising her right of Khula' nor dowry cap be termed as Zar-e-Khula' according to the Injunctions of Holy Qur'an.

3. Learned counsel appearing on behalf of the respondent No. l concedes the objection made by the. learned counsel for the petitioner that the learned Judge Family Court has erred in law while considering the dowry as Zar-e Khula' and he has no objection if the judgment stands modified to this extent only. .

4. After hearing the learned counsel for the petitioner and after perusing the record there is no doubt that the learned Judge Family Court has erred in law while holding dowry as subject to Zar-e-Khula' which is completely against the settled law as well as the Injunctions of Holy Qur'an as envisaged in Surah

Baqara which reads:

"In case of divorce you are not allowed to receive whatever you have given .to your wives provided if those things are an obstruction in the way of their separation and the husband and wife cannot live together in harmony or in conformity to perform their matrimonial obligations within the limits of God the husband can receive the benefits and the i wife can relinquish some or all benefits."

The finding of the learned Judge Family Court to the extent of considering dowry as Zar-e-Khula' is completely without lawful authority, jurisdiction and Justification. therefore, judgment of the learned Judge Family Court is modified to the extent excluding the dowry as Zar-e-Khula-. Learned counsel for the petitioner agrees that the petitioner is ready to forego her dower and maintenance p, but not the dowry.

5. In view of the above observation this writ petition is accepted and the ' judgment and decree dated 5-4-1995 passed by the learned Judge Family Court, M.B. Din stands modified to the extent of dowry.

6. With this observation the instant writ petition stands disposed of.

A.A./B-12/L

Petition disposed of.