Contention of counsel for defendant in case of divorce procedure in Pakistan was not legally tenable, because; the plaintiff not only sought the decree for dissolution of marriage on the ground of Khula in Pakistan, but she had also pleaded for divorce procedure in Pakistan on other grounds, i.e., non-payment of dower, neglecting to perform marital obligations for more than 3 years; and not providing maintenance for more than 2 years; and also that the defendant had contracted a second marriage. Ground of the second marriage had been admitted by the defendant; and sufficient material was available on the record whereby the rest of the grounds had also been proved. Second marriage of the defendant was available to the plaintiff for seeking the dissolution of her marriage and in such circumstances no question arose for passing a decree on the basis of Khula in Pakistan, as the plaintiff was entitled to claim the divorce procedure in Pakistan on such ground.

Judgment and decree passed by the Trial Court, not suffering from any legal defect, much less the jurisdiction error maintained, in circumstances. Wife's claim for past maintenance was not accepted. Wife, if unwilling without any lawful excuse, would not be entitled to such maintenance. Suit for dissolution of marriage on the basis of Khula in Pakistan was validly filed. Wife had categorically stated before the Trial Court that she had severe hatred towards the husband and was not ready to live with him under any condition. Such statement on oath coupled with the failure of reconciliation proceedings was sufficient to dissolve the marriage on the basis of Khula. Suit for dissolution of marriage on the basis of Khula in Pakistan was admitted. Trial Court decreed the suit for dissolution of marriage on the basis of Khula where after plaintiff filed suit for dowry articles and dower money. Suit for dowry articles was decreed but Trial Court dismissed suit for dower money. Appellate Court accepted appeal of plaintiff/wife.

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Defendant/husband contended that the plaintiff/wife having obtained decree for dissolution of marriage on the basis of Khula was obliged to return all the benefits she had received from him. Plaintiff returned the dower money to defendant after her suit for dower money was dismissed. Defendant neither challenged the decree for dissolution of marriage nor claimed the return of agricultural land given to her on account of dower at the time of Nikah in divorce procedure in Pakistan. Defendant could not claim the return of said agricultural land at belated finality, another/subsequent suit for recovery of dower money Constitutional petition, being without force, was dismissed. Suit for dissolution of marriage on the ground of Khula and maintenance was ordered. Judge of Family Court had dismissed application challenging territorial jurisdiction of the Court without recording evidence and even framing the issue. Judge Family Court had relied on a document issued by Lambardar without examining the credibility of the same.

Question of jurisdiction should be decided at the first instance. Impugned order was against law and facts of the case and as such could not sustain in the eye of law. High Court set aside the impugned order and directed Judge Family Court to frame a preliminary issue for ascertaining its territorial jurisdiction and if the Court was of the opinion that the issue could not be decided without recording evidence, the Court would record the same and would allow full opportunity to both the parties to explain their case with further direction to decide suit within 3 months from receipt of the present order. Maintenance Solitary statement of defendant was recorded. Suit for dissolution of marriage, recovery of maintenance and return of dowry was decreed in the favor of plaintiff.