| Case ID |
39829900-1aad-4a02-9d9c-6d5648a56d24 |
| Body |
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| Case Number |
Civil Petition No.309-K of 2000 |
| Decision Date |
May 24, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the civil petition for leave to appeal, affirming the decisions of the Family Court and the High Court. The Family Court had granted the wife's request for dissolution of marriage based on Khula, while denying the husband's request for restitution of conjugal rights. The Supreme Court found that the Family Court had properly assessed the evidence and concluded that the wife had valid grounds for the dissolution of marriage. The husband's concerns regarding the future of their son were deemed insufficient to overturn the Family Court's ruling. The Supreme Court refused to grant further opportunities for reconciliation as the wife expressed her unwillingness to live with the husband due to cruelty. Consequently, the petition was dismissed with leave refused. |
| Summary |
In the landmark case of ABDUL FATEH BABAR SANI vs. Mst. NAUREEN, the Supreme Court of Pakistan deliberated on the dissolution of marriage via Khula and restitution of conjugal rights under the West Pakistan Family Courts Act and the Constitution of Pakistan. The court upheld the Family Court's decisions, which favored the wife in her claim for divorce while dismissing the husband's plea for reconciliation. The ruling highlighted the importance of evidence in family law disputes and underscored the legal rights of women in seeking separation from marriage based on valid grounds. The case sets a precedent for similar future cases involving Khula, emphasizing the courts' role in ensuring justice in family matters. Keywords: dissolution of marriage, Khula, family law, Pakistan, Supreme Court, legal rights, evidence, reconciliation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS,
SYED DEEDAR HUSSAIN SHAH,
HAMID ALI MIRZA
|
| Lawyers |
M. Zaki Muhammad,
Qazi Khalid Ali
|
| Petitioners |
ABDUL FATEH BABAR SANI
|
| Respondents |
another,
Mst. NAUREEN
|
| Citations |
2003 SLD 676,
2003 SCMR 1551
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Family Courts Act (XXXV of 1964),
Constitution of Pakistan (1973)
|
| Sections |
5,
185(3),
199
|