Law: Muslim Family Laws Ordinance, 1961

Section: VIII,7

Law: Muslim Family Laws (Second Amendment) Act, 2021

Section: XXIX

Law: Family Courts Act, 1964

Section: XXXV,10(5)

Law: Constitution of Pakistan, 1973

Section: 199

(a)    Muslim Family Laws Ordinance (VIII of 1961)-------S. 7 [as amended by Muslim Family Laws (Second Amendment) Act (XXIX of 2021)]---Fiqah-e-Jafria---Applicability---Amendment in S. 7 was introduced through Muslim Family Laws (Second Amendment) Act, 2021, which is restricted only to Federally administered areas and it is not extended to Province of Punjab.(b)    Muslim Family Laws Ordinance (VIII of 1961)-------S. 7---Family Courts Act (XXXV of 1964), S. 10(5)---Constitution of Pakistan, Art. 199---Constitutional petition---Khula---Fiqah-e Jafria---Procedure--Petitioner/husband was aggrieved of divorce on the basis of Khula pronounced by Family Court---Plea raised by petitioner/husband was that marriage between spouses relating to "Fiqah-e Jafria" could only be dissolved after recitation of "Seeghas" by husband without any influence or coercion---Validity---Wife can seek dissolution of marriage by way of Khula from Court even if her husband does not give consent for the same, and even if spouses belong to "Shia" sect---In suit for dissolution of marriage on failure of reconciliation proceedings, Family Court under section 10 (5) of Family Courts Act, 1964 immediately passes decree for dissolution of marriage and in case of dissolution of marriage through Khula, may direct wife to surrender upto fifty percent of her deferred dower or upto twenty five percent of her admitted prompt dower to husband---No clog can be imposed upon power of Family Court to dissolve marriage on the basis of Khula, when reconciliation is not possible---High Court declined to interfere in judgment and decree passed by Family Court, which while dissolving marriage through Khula in exercise of powers conferred under section 10(5) of Family Courts Act, 1964 did not commit any illegality---Constitutional petition was dismissed, in circumstances.PLD 2022 FSC 25; Syed Ali Nawaz Gardezi v. Lt.-Col. Muhammad Yusuf PLD 1963 SC 51; Mst. Maryam Bano v. Hussain Ali and another 1984 CLC 1961; Syed Azharul Hassan Naqvi v. Hamida Bibi alias Eshrat Jahan and 3 others 1987 CLC 1041; The State v. Syedda Salma Begum and another PLD 1965 (W.P.) Kar. 185 and Syed…

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