NAJAM-UR-REHMAN vs MASOOMA HASSAN S — 2023 CLC 991 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 991 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: NAJAM-UR-REHMAN vs MASOOMA HASSAN 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

NAJAM-UR-REHMAN VS MASOOMA HASSAN S.5, Sched.---Khula---Maintenance for wife---Wedlock as well as the fact that rukhsati did not take place were admitted, however, the only dispute between the parties was of maintenance charges---Plea of misreading and non-reading of evidence was raised but could not be referred or showed---Petitioner (husband) in his written statement admitted that he initially started sending maintenance charges to the respondent (wife) for some period during which he kept the respondent on hopes to arrange for her to travel abroad to live together but he failed---Since the respondent was ready to join/live with the petitioner but the petitioner in his written statement admitted that he could not arrange a visa for the respondent to live with him, therefore, he left her with no option but to seek Kula as a girl could not be made to sit for hopes of rukhsati for indefinite period---Bare reading of Ayat No.48 of Surah-Ahzab of the Holy Quran reflects that despite of wedlock if the husband has not touched the wife even then he is directed to release the wife handsomely---Concurrent findings of two Courts below did not require any interference, hence this petition was dismissed.

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