| Case ID |
5c9109d6-772b-4d1b-b1a6-c738a9269a81 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 1154 of 1983 |
| Decision Date |
Oct 05, 1983 |
| Hearing Date |
Oct 05, 1983 |
| Decision |
The Supreme Court, after considering the circumstances of the case, found that the existing unhappy relations between the parties indicated no hope for reconciliation. The court concluded that the wife's request for Khula' was legitimate, particularly as she was willing to relinquish her claim to dowry. The decision of the Family Court and the District Judge to dismiss the wife's suit for dissolution of marriage was deemed without lawful authority. Consequently, the wife's suit for Khula' was decreed, and the petition for leave to appeal was dismissed as the court found no grounds for interference in its discretionary jurisdiction. |
| Summary |
This case revolves around the dissolution of marriage through Khula', a legal process available to Muslim women in Pakistan. The Supreme Court of Pakistan reviewed a petition concerning the dismissal of a wife's suit for Khula' by the Family Court, which was upheld by the District Judge. The court emphasized the importance of the marital relationship and the need for both parties to live within the limits prescribed by God. The court's decision reflects the judicial approach to matrimonial disputes, underscoring the significance of mutual consent and the right of women to seek dissolution of marriage when faced with irreconcilable differences. The case highlights key legal principles surrounding familial rights, women's rights, and the judicial interpretation of Islamic law as it pertains to marriage and divorce. It serves as a precedent for future cases involving similar issues, reinforcing the court's role in protecting individual rights within the framework of Islamic jurisprudence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Nasim Hasan Shah
|
| Lawyers |
Sh. Maqbool Ahmad,
Rana Maqbool Ahmad,
Wasim Sajjad,
M. A. Qureshi
|
| Petitioners |
Muhammad Siddique
|
| Respondents |
Mst. Kalsoom Bibi
|
| Citations |
1984 SLD 549,
1984 SCMR 523
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|