Law: Family Courts Act, 1964

Section: 10(3),10(4)

Law: Dissolution of Muslim Marriages Act, 1939

Section: 2

(a)    Islamic law-------Dissolution of marriage---Procedure---Scope---Islam permits dissolution of marriage between Muslim spouses in three ways i.e. Talaq, Mubarat and Khula--Talaq is an arbitrary and unilateral act of the husband, whereby, he may divorce his wife---Mubarat on the other hand is one of the forms of dissolution of marriage whereunder spouses may agree to part their ways through mutual consent--Contrary to both, a Muslim woman is also vested with the right to obtain divorce through Court of law by instituting a suit, which is termed as "Khula".Surah 2 Al-Baqarah, Ayat 229 rel.(b)    Family Courts Act (XXXV of 1964)-------S. 10(4), proviso---Dissolution of Muslim Marriages Act (VIII of 1939), S. 2--Dissolution of marriage---"Khula" and "Divorce"---Distinction---"Khula" is right of a Muslim woman to seek dissolution of her marriage in which she gives or consents to give a consideration to husband for her release from marriage as determined by Court---"Khula" and dissolution of marriage under Dissolution of Muslim Marriages Act, 1939 operate under entirely different legal systems, leading to distinct outcomes.Ibrahim Khan v. Mst. Saima Khan and others PLD 2024 SC 645 rel.(c)    Family Courts Act (XXXV of 1964)-------Ss. 10(3) & 10(4)---Word "reconciliation"---Object, purpose and scope--Reconciliation is to bring end to differences through meaningful and concrete effort---Word "reconciliation" postulates adoption of such measures as can be proved as a factor for harmonious union between the spouses after redress of grievances which had led them to have recourse to litigation.Surah 2 Al-Baqarah, Ayat 229; Black's Law Dictionary; Oxford, Advanced Learner's Dictionary; Cambridge Dictionary and Webster's Dictionary rel.(d)    Family Courts Act (XXXV of 1964)-------Ss. 10(3) & 10(4)---Khula---Dissolution of marriage---Petitioner / husband was aggrieved of dissolution of marriage by Family Court on the basis of khula after reconciliation proceedings between parties had failed---Validity---Family Court under S.10(3) of Family Courts Act, 1964 may at pre-trial stage,…