Law: Muhammadan Law

Section: 5

Law: West Pakistan Family Courts Act, 1964

Section:

  Muhammadan Law- ---- Khula', principle of ---Right to claim divorce on the principle of Khula' by wife is a right equal to the right of pronouncement of Talaq by the husband except with one difference that husband can pronounce Talaq himself but the wife has to file a suit seeking dissolution of marriage on the principle of Khula' in the Court of Qazi (Family Court). Right to claim divorce on the principle of Khulal by the wife is a right equal to the right of pronouncement of Talaq by the husband except with one difference that the husband can pronounce Talaq himself and in Pakistan has to notify the same to the Chairman of the Local Council concerned but the wife has to file a suit seeking dissolution of marriage on the principle of Khula'. in the Court of a Qazi which in Pakistan is the Family Court. A woman is not chattel and there is no method by which she could be forced to live with her husband, if she herself had acquired hatred for him. A very noble husband having a very charming personality may not be liked by his wife and the Court has no lawful authority to force the wife to live with such a husband. The judgment has to be that of the wife herself and if she feels that there is no possibility of her living with her husband and if the marriage was not dissolved she would not be in a position to observe the limits ordained by God Almighty and the Qazi, on the basis of the circumstances, is subjectively satisfied that the parties cannot live together, it would be a fit case for the grant of dissolution of marriage on the principle of Khula'. Mst. Balqis Fatima v. Najm-ul-1krarn Qureshi PLD 1959 (W.P.) Lah. 566 and Mst. Khurshid Bibi v. Baboo Muhammad Amin PLD 1967 SC 97 ref. West Pakistan Family Courts Act (XXXV of 1964)--- ---- S.5 & Sched ------ Decree of dissolution of marriage on ground of Khula'--- Validity --- Jurisdiction of Appellate Court----------------------------------------------------------------------- Appellate Court while setting aside judgment of Trial Court and granting decree for dissolution of marriage on Wound of Khula' had scanned the whole evidence and had taken into consideration various…