| Case ID |
2ae735b6-4228-4a9c-bc9d-4147557b81cf |
| Body |
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| Case Number |
C.P. Nos. 488-K of 2023 & 489-K of 2023 |
| Decision Date |
Dec 20, 2023 |
| Hearing Date |
Dec 20, 2023 |
| Decision |
The Supreme Court of Pakistan dismissed the petitions filed by Sohail Ahmed against the order of the High Court of Sindh. The court confirmed that the Family Courts in Pakistan had jurisdiction to entertain the case concerning the khula (divorce) initiated by Mst. Samreena Rasheed Memon, a dual citizen of Pakistan and the USA. The court emphasized that the jurisdiction was correctly exercised in favor of the wife, allowing her to seek relief in Pakistan despite residing abroad. The decision underscored the importance of facilitating women's rights within the framework of Islamic law, particularly in matters of marriage dissolution. The petitioner failed to demonstrate any legal or factual errors in the lower courts' rulings, leading to the dismissal of the appeals. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed the jurisdiction of Family Courts concerning a khula divorce filed by Mst. Samreena Rasheed Memon against her husband, Sohail Ahmed. The case arose due to a marriage registered in New York, USA, where the couple faced insurmountable differences leading to the wife's request for divorce. The petitioner's argument against the jurisdiction of Pakistani courts was dismissed, affirming the right of women to seek legal remedies for marital disputes, regardless of their current residence. The court's ruling highlighted the legislative intent to support women's rights within Islamic jurisprudence, thereby reinforcing the legal framework for family law in Pakistan. The decision is significant for its emphasis on the accessibility of legal recourse for women in family matters, particularly in cases involving international elements. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Ali Mazhar,
Syed Hasan Azhar Rizvi,
Irfan Saadat Khan
|
| Lawyers |
Mr. Abdul Jabbar Memon
|
| Petitioners |
Sohail Ahmed
|
| Respondents |
Mst. Samreena Rasheed Memon
|
| Citations |
2024 SLD 4699,
2024 PLJ 467
|
| Other Citations |
Not available
|
| Laws Involved |
Family Courts Act, 1964
|
| Sections |
5,
10
|