Law: Family Courts Act, 1964

Section: 10(3),12(1)

Law: Muslim Family Laws Ordinance, 1961

Section: 9,7(6),7(3)

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 10(3) & 12(1)---Muslim Family Laws Ordinance (VIII of 1961), S.7(3)---Dissolution of marriage on ground of Khula in consideration of wife's relinquishing her claim for maintenance was decreed and dissolution of marriage certificate was issued by the Chairman, Arbitration Council showing that reconciliation between the parties had failed---Record also showed that pre-trial reconciliation under S.10(3) of the West Pakistan Family Courts Act, 1964 was attempted but failed, similarly, efforts made under S.12(1) of the Act for post-trial reconciliation were not fruitful---Some more opportunities were provided by the Family Judge but the parties were unable to resolve their differences so much so the wife simultaneously resisted the husband's suit for restitution of conjugal rights which was dismissed by the /decree---Judgment and decree dissolving the marriage had been acted upon as the requisite notice under S.9 of the Muslim Family Laws Ordinance, 1961 had been given and there was a long interval of more than 11 years since the dissolution of marriage during which the parties stayed away from each other as they had undoubtedly accepted the dissolution of their marriage---Marriage of the parties, in circumstances, stood dissolved when dissolution of marriage certificate was issued by the Chairman Arbitration Council---Desire of the couple to live together as husband and wife, could not invalidate or nullify the effect of the and decree which had attained finality as the dissolution of marriage had become effective under S.7(3) of Muslim Family Laws Ordinance, 1961. (b) Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 7(6)---Dissolution of marriage on the basis of Khula---Remarriage with same husband would be subject to the performance of another Nikah---Section 7(6) of Muslim Family Laws Ordinance, 1961 allows such reunion without 'Halals' and there is no restraint either in the Muslim Family Laws Ordinance, 1961 or the Injunctions of Quran and Sunnah not to allow the prayer of the husband for reunion with his wife when she is ready to live again as his wife within the limits of God---Couple, in…

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