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| 2023 SLG 2030 2023 SLD 2030 = 2023 PLD 135 |
Write Petition No. 438 of 2020, decided on 5th January, 2022.
Before Saman Rafat Imtiaz, J
Ghulam Muhammad Khan for Petitioner. Raja Ahmed Abdul Rafay for
Respondents Nos. 1 to 3. Date of hearing: 5th January, 2022.
Malik MUSAWAR KHAN---Petitioner
VERSUS
Mst. NADIA YASEEN MALIK and others---Respondents
Law: Family Courts Act, 1964
Section: 5 , 2 , 14
(a) Family Courts Act (XXXV of 1964)---
----S. 5, Sched.---Dissolution of Muslim Marriages Act (VIII of 1939), S. 2---Suit for dissolution of marriage---Grounds for decree for dissolution of marriage--Divorce on the basis of khula---Scope---Where the wife had stated in her plaint that she had faced agony at the hands of the husband and that it was not possible for her to live with him while abiding by the limits of Allah; the parties had been living separately for years; the pre-trial reconciliation proceedings had not succeeded in the Family Judge's own opinion, High Court observed that such factors were sufficient grounds for the grant of a decree for dissolution of marriage by way of khula in order to avoid a hateful union even if the grounds alleged by the wife for dissolution of marriage were not proved through evidence in the opinion of the Family Court as no woman could be forced to live with a man without her consent or liking.
(b) Family Courts Act (XXXV of 1964)---
----Ss. 5, Sched. & 14---Suit for dissolution of marriage---Appeal---Scope---Decree of dissolution of marriage by way of khula is neither revocable nor appealable--Having said that there is no cavil to the contention that a decree of khula constitutes one divorce and as such the husband and wife are at liberty to remarry each other by performing Nikah if they wish to reunite---However, the parties do not require any pronouncement from the Court for the said purpose nor can the Court direct the parties to do so.
(c) Family Courts Act (XXXV of 1964)---
----S. 5, Sched.---Dissolution of Muslim Marriages Act (VIII of 1939), S. 2---Suit for dissolution of marriage---Grounds for decree for dissolution of marriage--Divorce on the basis of khula---Scope---Decree for khula may be granted even where no ground for dissolution of marriage as alleged by the wife exists and the wife has omitted to demand khula, if the Court is of the opinion that in the event that decree for dissolution of marriage is not granted, it will give birth to a hateful union and the spouses may not be able to live with each other within the limits prescribed by Allah.