Mst. SEEMA vs WAJID ALI S — 2022 CLC 709 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 CLC 709 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: CLC
Parties: Mst. SEEMA vs WAJID ALI S
Subject matter: Family
Provisions referred to: S. 5

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. SEEMA VS WAJID ALI S.5, Sched.---Suit for dissolution of marriage---Scope---Marriage is a legal contract through which both parties agree to live a harmonious life by honouring their respective obligations and duties towards each other---Islam, also nowhere forces the spouses to live a life devoid of harmony and happiness rather allows the parties to part, if they can't live together, as they should---Such act is not liked yet is permitted because it is never fair to compel/force two persons to live together as same, surely, would be against guaranteed fundamental rights of such persons---Man (husband) has a unilateral right to give talak but the woman (wife) has also been provided a right to seek separation by way of khula---This, prima facie, is a way out for woman (wife) to come out of such bond of marriage and for such claim, she even is not supposed to give detail(s) for such move but her disliking is sufficient for exercise of such right---In such event, she would only be required to return/restore the benefit(s), if any, she received from husband.

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