MUHAMMAD SIDDIQ Vs. MST. GHAFURAN BIBI

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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 good will. In the circumstances, it was proved that the High Court should, applying the principles laid down by this Court in the case of Khurshid Bibi vs. Mohd. Amin, (1967) 19 DLR (SC) 59=PLD 1957 SC 97 and by a Full Bench of the High Court itself in the case of Bilqis Fatima vs. Najmul Ikram, (1959) 11 DLR (WP) 93=PLD 1959 Lah, 566, grant a decree for dissolution of marriage on the basis of Khula, particularly, since the respondent was prepared to purchase her liberty by paying such compensation as may be determined by the Court.