| Case ID |
2b84ffcc-1385-43b0-a715-5614e04e093f |
| Body |
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| Case Number |
Writ Petition No. 950 of 2003 |
| Decision Date |
Mar 11, 2003 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the writ petition filed by the petitioner challenging the Family Court's decree for dissolution of marriage on the basis of Khula'. The Court held that the Family Court was empowered to consider the evidence presented regarding Khula', even though a specific issue on this ground was not framed. The petitioner's request for the wife's medical examination was denied, as the wife showed unwillingness, which could not legally compel her to undergo such examination. The Court emphasized that the wife's aversion towards the husband justified the dissolution of marriage, and maintaining such a union would be undesirable. The findings recorded by the Family Court were deemed sound and plausible, and thus could not be successfully challenged in Constitutional jurisdiction. |
| Summary |
In the case of Writ Petition No. 950 of 2003, Mst. Zainab Mai filed a suit against her husband for dissolution of marriage under the grounds of Khula' and option of puberty. The Family Court decreed the suit, emphasizing the wife's entitlement to Khula' if she demonstrated a fixed aversion towards her husband. The petitioner contested the Family Court's jurisdiction and the validity of the grounds for dissolution. However, the Lahore High Court upheld the Family Court's findings, stating that the dissolution was valid based on the evidence of Khula' presented, despite the absence of a specific issue framed. The Court also ruled that the wife's unwillingness for a medical examination could not be legally enforced, and her strong aversion towards the husband justified the decision made by the Family Court. This case highlights the principles of Islamic law regarding marriage dissolution and the rights of women under the West Pakistan Family Courts Act. The decision reinforces the significance of a woman's autonomy in seeking divorce on grounds of Khula' and the Family Court's authority in assessing evidence even when formal issues are not framed. Key terms include divorce law, women's rights, Khula', and family law. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
Farrukh Lateef, J,
Muhammad Umar
|
| Lawyers |
Waseem Shahab
|
| Petitioners |
Mst. Zainab Mai
|
| Respondents |
|
| Citations |
2003 SLD 2649,
2003 CLC 1241
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Family Courts Act (XXXV of 1964),
Constitution of Pakistan (1973)
|
| Sections |
5,
199
|