| Case ID |
202aeb4c-9416-4cdb-882a-01e689d966fe |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 858-L of 19 |
| Decision Date |
Oct 31, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the High Court's decision to dissolve the marriage based on the grounds of Khula. The court found that the wife's assertion of developing hatred towards her husband was valid and could not be dismissed summarily. The court noted the intimate nature of the marital relationship and acknowledged the challenges in proving allegations of domestic issues. The petitioner's request for leave to appeal was ultimately refused, affirming the High Court's ruling. |
| Summary |
In this significant case, the Supreme Court of Pakistan addressed the dissolution of marriage under the grounds of Khula as per the West Pakistan Family Courts Act. The case revolved around the rights of a wife to seek divorce due to marital discord and allegations of domestic violence. The court emphasized the importance of recognizing the emotional and psychological aspects of marriage, particularly in situations where the wife had previously sought refuge in a Darul Aman. This decision reinforces the legal framework supporting women's rights in marital matters, particularly regarding Khula, a form of divorce initiated by the wife. The ruling is pivotal in establishing a precedent for future cases involving domestic abuse and the complexities of marital relationships. By acknowledging the intimate dynamics of marriage, the court sought to protect the rights of women and ensure justice in family law. This case serves as a crucial reference for understanding the application of family law in Pakistan and the judiciary's role in safeguarding individual rights within the family structure. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAAD SAOOD JAN,
MUHAMMAD ILYAS
|
| Lawyers |
Not available
|
| Petitioners |
AMANULLAH
|
| Respondents |
DISTRICT JUDGE, GUJRANWALA and others
|
| Citations |
1996 SLD 1146,
1996 SCMR 411
|
| Other Citations |
Rashida Bibi v. Bashir Ahmad PLD 1983 Lah. 549,
Ghulam Zohra v. Faiz Rasool (NLR 1984 (Civil) Lahore 308),
Shahida Khan v. Abdul Rahim Khan PLD 1984 Lah. 365
|
| Laws Involved |
West Pakistan Family Courts Act (XXXV of 1964),
Constitution of Pakistan (1973)
|
| Sections |
5,
185(3)
|