Syed ASIF HUSSAIN SHAH vs FEDERATION OF PAKISTAN Ss — 2024 CLC 1648 LAHORE-HIGH-COURT-LAHORE

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Syed ASIF HUSSAIN SHAH VS FEDERATION OF PAKISTAN Ss. 10(3) & 10(4)---Word "reconciliation"---Object, purpose and scope---Reconciliation is to bring end to differences through meaningful and concrete effort---Word "reconciliation" postulates adoption of such measures as can be proved as a factor for harmonious union between the spouses after redress of grievances which had led them to have recourse to litigation. Citation Name: 2024 CLC 1648 LAHORE-HIGH-COURT-LAHORE Syed ASIF HUSSAIN SHAH VS FEDERATION OF PAKISTAN Ss. 10(3) & 10(4)---Khula---Dissolution of marriage---Petitioner / husband was aggrieved of dissolution of marriage by Family Court on the basis of khula after reconciliation proceedings between parties had failed---Validity---Family Court under S.10(3) of Family Courts Act, 1964 may at pre-trial stage, ascertain points of controversy between parties and attempt to effect compromise between them and for such purpose neither provisions of Family Courts Act, 1964 nor the rules framed thereunder provide any procedure---It has been left to discretion of Family Court to do so, keeping in view the peculiar facts and circumstances of each case---No hard and fast rules can be laid to bind down Family Court to strictly follow the same for the purpose of effecting compromise or bringing reconciliation between parties---In the present case despite efforts, parties did not arrive at any reconciliation, and respondent / wife was not willing to reconcile with petitioner / husband at any cost---Family Court could not compel any party to effect compromise against his / her wishes instead could make a genuine effort to bring reconciliation between parties amicably---High Court declined to interfere in judgment and decree passed by Family Court as petitioner failed to point out any illegality or perversity---Constitutional petition was dismissed in circumstances. Citation Name: 2024 CLC 1648 LAHORE-HIGH-COURT-LAHORE Syed ASIF HUSSAIN SHAH VS FEDERATION OF PAKISTAN Dissolution of marriage---Procedure---Scope---Islam permits dissolution of marriage between Muslim spouses in three ways i.e. Talaq, Mubarat and Khula---Talaq is an arbitrary and unilateral act of the husband, whereby, he may divorce his wife---Mubarat on the other hand is one of the forms of dissolution of marriage whereunder spouses may agree to part their ways through mutual consent---Contrary to both, a Muslim woman is also vested with the right to obtain divorce through Court of law by instituting a suit, which is termed as "Khula". Citation Name: 2024 CLC 1648 LAHORE-HIGH-COURT-LAHORE Syed ASIF HUSSAIN SHAH VS FEDERATION OF PAKISTAN S. 10(4), proviso---Dissolution of Muslim Marriages Act (VIII of 1939), S. 2---Dissolution of marriage---"Khula" and "Divorce"---Distinction---"Khula" is right of a Muslim woman to seek dissolution of her marriage in which she gives or consents to give a consideration to husband for her release from marriage as determined by Court---"Khula" and dissolution of marriage under Dissolution of Muslim Marriages Act, 1939 operate under entirely different legal systems, leading to distinct outcomes.

Syed ASIF HUSSAIN SHAH vs FEDERATION OF PAKISTAN Ss — 2024 CLC 1648 LAHORE-HIGH-COURT-LAHORE

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