[Supreme Court of Pakistan] Present: Saiyed Saeed Ashhad and Ghulam Rabbani, JJ MUHAMMAD BASHIR ALI SIDDIQUI—-Petitioner Versus Mst. SARWAR JAHAN BEGUM and another—-Respondents Civil Petition No.413-K of 2006, decided on 2nd October, 2006. (On appeal from judgment, dated 19-5-2005 passed by High Court of Sindh, Circuit Bench at Hyderabad in C.P. No.S-179 of 2005). West Pakistan Family Courts Act (XXXV of 1964)— —-S. 5 & Sched.—Constitution of Pakistan (1973), Art.185(3)—Dissolution of marriage on ground of Khula—Parties were married in the year 1970—Nikahnama had provided that in case respondent/wife obtained Khula, she would have to pay a sum of Rs.2,50,000 to the petitioner/husband; and if the petitioner would divorce the respondent, he would pay a sum of Rs.2,50,000 to her—Suit filed by respondent (wife) for obtaining dissolution of marriage on ground of Khula was finally decreed—Petitioner (husband) had contended that Family Judge as well as High Court had failed to take into account the Nikahnama-Contention of petitioner was that it was incumbent upon Family Court to award Rs.2,50,000 while granting decree by way of Khula in favour of petitioner—Contention of petitioner was absolutely frivolous as it was against the basic principle of law which required the parties to remain in marital tie in a peaceful and tranquil atmosphere and were not required to be bound by stringent conditions to remain in marriage bond.