KHURRAM SHEHZAD vs FEDERATION OF PAKISTAN through Ministry of Law and Justice Commission of Pakistan, Islamaba

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KHURRAM SHEHZAD VS FEDERATION OF PAKISTAN through Ministry of Law and Justice Commission of Pakistan, Islamabad S.10(4)---Constitution of Pakistan, Art. 203-D---Shariat petition---Dissolution of marriage---"Khula"----Khula granted under S. 10(4) of the Family Courts Act, 1964 without consent of the husband---Repugnancy to Injunctions of Islam---Present matter had already been decided by the Federal Shariat Court in the case reported as "Saleem Ahmad and others v. Government of Pakistan and others", reported as PLD 2014 FSC 43, wherein it was held that the Quran does not specifically create a bar for court of competent jurisdiction to decree a case of "Khula" when reconciliation fails; that courts can decide all types of matters including, dissolution of marriage on certain grounds, and that they are authorized to decide the case of Khula, if a husband does not at all agree to the divorce of his wife and all the reconciliatory efforts fail---Shariat petition was dismissed. Head NotesCase Description Citation Name: 2023 PLD 286 FEDERAL-SHARIAT-COURTBookmark this Case KHURRAM SHEHZAD VS FEDERATION OF PAKISTAN through Ministry of Law and Justice Commission of Pakistan, Islamabad 'Khula' and 'Talaq'---Distinction between their legal effect---'Halala'---Scope---According to Shariah, Khula operates as a single irrevocable divorce, which means that both the spouses can contract a fresh marriage with mutual consent, of course if they want to, without any intermediary marriage of the wife with another person, which is known as "Halala"---Iddat shall be incumbent upon the wife if she wants to contract marriage with someone else after Khula---However, when a husband pronounces divorce (Talaq) to his wife for the third time and that attains finality, then if he wants to remarry that lady, a Halala is required i.e. the lady marries somebody else and that marriage dissolves in normal course either by divorce or due to the death of her second husband and she becomes a widow. Head NotesCase Description

KHURRAM SHEHZAD vs FEDERATION OF PAKISTAN through Ministry of Law and Justice Commission of Pakistan, Islamabad S — 2023 PLD 286 FEDERAL-SHARIAT-COURT

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