| Case ID |
0429f1d8-d810-4320-ad10-69e4a9d0fd80 |
| Body |
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| Case Number |
Writ Petition No. 18028 of 2005 |
| Decision Date |
Nov 02, 2005 |
| Hearing Date |
|
| Decision |
The petition was dismissed, affirming the Family Court's decision to allow the dissolution of marriage on the basis of Khula', with the condition that the petitioner relinquish her right to recover the dower. The court held that under Islamic law, a husband has an absolute right to divorce, while a wife can seek dissolution through Khula', requiring her to return any benefits received. The provisions of section 10(4) of the Family Courts Act, 1964, were upheld as aligned with Islamic principles, emphasizing the need for the wife to restore the dower or benefits received from the husband as a condition for obtaining Khula'. |
| Summary |
This case revolves around the dissolution of marriage under Islamic law, specifically focusing on the rights and conditions surrounding the practice of Khula'. The Lahore High Court's ruling clarified that while a husband can arbitrarily divorce his wife, a wife seeking a divorce through Khula' must return any benefits or dower received. The court emphasized that the Family Courts Act, 1964, particularly section 10(4), is designed to facilitate the process for women while ensuring compliance with Islamic injunctions. The decision affirms that a wife's right to recover dower remains intact unless she has received it, thus maintaining the balance of rights within marriage dissolution. This case is significant for understanding the legal framework governing family law in Pakistan, especially in relation to women's rights in divorce proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR, J
|
| Lawyers |
Jehangir A. Jhoja
|
| Petitioners |
Mst. SHAISTA
|
| Respondents |
2 others,
Sh. LIAQUAT ALI SATHI
|
| Citations |
2006 SLD 611,
2006 PLD 158
|
| Other Citations |
Not available
|
| Laws Involved |
Family Courts Act, 1964
|
| Sections |
10(4)
|