Law: Family Courts Act, 1964

Section: 10(4)

Family Courts Act, 1964 (XXXV of 1964)-- ---S. 10(4)--Khula--Unique right--Determination--Legal differences between talaq and khula--Grant of khula by ordinary Courts of law--Matter has already been decided by Full Bench of this Court--According to Shariah, Khula operates as a single irrevocable divorce, which means that both spouses can contract a fresh marriage with mutual consent, of course if they want to, without any intermediary marriage of wife with another person, which is known as “Halala” and is required in case when a husband pronounces divorce to his wife for third time and that attained finality--This is one of legal differences between Talaq pronounced by husband and Khula sought by wife from her husband--Khula is a unique right given by Islam to women, which is not available to men, that a woman can seek dissolution of marriage on basis of Khula and to remarry same man depends only on her will and consent, if she wants to, without entering into marriage with someone else as is necessary for a man if he once pronounced divorce to his wife, which attained finality, and then he wants to remarry that lady, he cannot do so unless lady marries somebody else and that marriage dissolves in normal course either by divorce or due to death of her second husband and she becomes a widow--Petition dismissed.                    [Pp. 516 517] A, B, C D PLD 2014 FSC 43, PLD 2013 Lahore 88 PLD 2010 Karachi 131 ref. ORDER Dr. Syed Muhammad Anwer, ACJ.--Through the instant Shariat Petition, the petitioner has made the following prayer: “It is therefore, respectfully prayed that whole of the above-mentioned impugned provision/Section 10(4) of the Family Court Act, 1964 may kindly be examined in the light of Quran and Sunnah and be declared un-Islamic and hence void being repugnant to the injunctions of Islam. It is further prayed that as a consequence thereof the Respondent No. 1 should be directed to amend the above mentioned provision in accordance with the tenants of Islam.” 2. The learned counsel for petitioner has mainly stressed that Khula so granted by the ordinary Courts of law under Section 10(4) of the West…

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