GHULAM RASUL vs JUDGE, FAMILY COURT
This constitutional petition challenges the judgment and decree passed by the Family Court, whereby the respondent-wife's suit for dissolution of marriage was decreed on the ground of Khula despite other issues being decided against her. The petitioner contended that dissolution on the ground of Khula was unjustified when other allegations failed and no consideration was returned, noting that ornaments and cash were given at the time of marriage. The Lahore High Court held that Khula is an independent ground for dissolution of marriage and is not contingent upon the outcome of other issues. Furthermore, the Court noted that bridal gifts become the absolute property of the wife under the relevant statute, and contributions toward marriage expenses do not constitute benefits derived by the wife that must be returned for Khula. The petition was accordingly dismissed in limine, laying down the principle that Khula operates independently of other matrimonial fault-based grounds and that bridal gifts cannot be arbitrarily claimed back upon dissolution.
- Is Khula an independent ground for dissolution of marriage that is contingent on the outcome of other issues?
- Do bridal gifts bestowed upon a wife at the time of marriage become her absolute property under the law?
- Whether contributions towards marriage expenses can be classified as benefits derived by the wife requiring restitution upon Khula?
- Bridal Gifts (Registration) Act, 1976
ORDER
1. ' Petitioner's matrimony with respondent No,2 having been conceived, through Nikahnama dated 15-2-1985 did not prove to be successful, resultantly, the latter sought dissolution of the marriage on 13-10-1987 on the ground of habitual cruelty, false accusation of adultery, immorality, non- payment of maintenance and Khula` which was responded by the petitioner with a suit for restitution of conjugal rights and the learned trial Court having framed the following issues out of the consolidated pleadings of the parties:- "(1) Whether the defendant has been habitually cruel to the plaintiff? OPP
(2) Whether the defendant is a man of bad character? OPP
(3) Whether the defendant accuses the plaintiff with false charges of adultery? OPP
(4) Whether the defendant has not maintained the plaintiff for a period over three years? OPP
(5) Whether the plaintiff has obtained any benefit out of this wedlock? OPD
(6) Whether the plaintiff is entitled to the dissolution of marriage on the basis of Khula OPP (6-A) Whether the plaintiff has any justification to live separately from the defendant? OPP
(7) Relief." ' decided all other issues against the respondent and decreed the suit on the ground of Khula vide the impugned judgment dated 23-1-1991 legality whereof has been assailed in these proceedings contending that all the issues having been decided against the respondent she was not entitled to the decree of divorce on the ground of Khula` for which no consideration has been awarded despite the fact that the petitioner on the eve of marriage had bestowed unto her certain ornaments as bridal gifts in addition to a cash of Rs,7,000 entrusted to her father for meeting the marriage expenses.
2. I am afraid, both the contentions are misconceived. Qua the first contention it, suffices to observe that Khula` is an independent ground and is not contingent on the fate of other issues, while the second argument loses sight of the fact that not only the bridal gifts become absolute property of the wife under Bridal Gifts (Registration) Act, 1976, violation whereof is to be visited with a penalty of fine and imprisonment as well, but also it is in evidence that the same were in fact snatched away by the petitioner soon after the marriage, while the alleged contribution towards the marriage expenses can't be classified as benefits derived by the respondent; resultantly, the petition being devoid of any substance is hereby dismissed in limine.
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