| Case ID |
17b7f021-5f56-445f-9549-6510b8ad4603 |
| Body |
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| Case Number |
Constitutional Petition No.S-72 of 1996 |
| Decision Date |
Apr 01, 1997 |
| Hearing Date |
|
| Decision |
The court upheld the decision of the Family Court granting Khula' to the wife based on the evidence presented, which indicated that the spouses had been living separately for approximately 19 months. The court found that the wife's aversion to living with her husband was irretrievable and that the husband had failed to provide maintenance during this period. The Family Court's determination that the spouses could not coexist within the limits prescribed by Allah was affirmed, validating the grant of Khula' under the existing legal framework. The court emphasized that the principles for the grant of Khula' are well-established and that the refusal to grant such relief would result in forcing the wife into a hateful union. No misreading of evidence was found to warrant interference with the Family Court's judgment. |
| Summary |
This case revolves around the constitutional petition filed by Qammar Alam Sheikh against Mst. Robina regarding the grant of Khula', which is a form of divorce initiated by the wife under Islamic law. The Sindh High Court reviewed the evidence presented in the Family Court, which had earlier granted the Khula' based on the wife’s claims of maltreatment and lack of maintenance from her husband. The court recognized the wife’s right to seek dissolution of marriage when it could be established that she could not live with her husband within the limits prescribed by Allah, thus affirming the Family Court's findings. The decision highlights the legal standards governing Khula' and reinforces the notion that a wife's right to seek divorce is not unfettered but must meet specific criteria, including the court's satisfaction regarding the spouses' inability to coexist. The ruling is significant for its interpretation of the Family Courts Act and the constitutional provisions regarding marriage dissolution, making it a landmark case in family law. Keywords such as 'Khula', 'divorce', 'family law', 'Islamic law', 'Sindh High Court', and 'Constitution of Pakistan' are central to understanding the case's implications. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUSHTAQ AHMED MEMON, J
|
| Lawyers |
S.A. Farooqui,
Ashfaq Hussain Rizvi
|
| Petitioners |
QAMMAR ALAM SHEIKH
|
| Respondents |
Mst. ROBINA
|
| Citations |
1997 SLD 734 = 1997 CLC 985
|
| Other Citations |
Mst. Bilqees Fatima v. Najmul Ikram Qureshi PLD 1959 Lah. 566,
Syed Dilshad Ahmed v. Mst. Serwat Bi PLD 1990 Kar. 239,
Muhammad Abbasi v. Mst. Samia Abbasi 1992 CLC 937,
Mst. Khursheed Bibi v. Baboo Muhammad Amin PLD 1967 SC 97,
Mst. Parveen Begum v. Muhammad Ali PLD 1981 Lah. 116,
Mst. Zahida Bi v. Muhammad Maqsood 1987 CLC 57,
Mst. Shagufta Jabeen v. Sarwat Bi PLD 1990 Kar. 239,
Dilshad v. Mst. Musarat Nazir PLD 1991 SC 779,
Ansar Burney v. Federation of Pakistan PLD 1983 FSC 73
|
| Laws Involved |
West Pakistan Family Courts Act (XXXV of 1964),
Constitution of Pakistan (1973)
|
| Sections |
5,
199
|