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IBRAHIM KHAN vs Mst — 2024 PLD 645 SUPREME-COURT

Case information

Citation
2024 PLD 645 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
PLD
Parties
IBRAHIM KHAN vs Mst
Subject matter
Civil
Provisions referred to
S. 5; Family Courts Act (XXXV of 1964)

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

IBRAHIM KHAN VS Mst. SAIMA KHAN Dissolution of marriage---Khula---Halala---As khula is a special and exclusive right given to a woman, which is not available to a man, she can seek dissolution on the basis of khula in which one of the consequences is that she can re-marry the same man, without entering into intervening or intermediary marriage i.e. halala. Citation Name: 2024 PLD 645 SUPREME-COURTBookmark this Case IBRAHIM KHAN VS Mst. SAIMA KHAN Ss. 2 & 5---Family Courts Act (XXXV of 1964), S. 5, Sched.---Khula---Scope---Khula is a basic right of a woman under Muslim family law---Right to seek khula is the exclusive and absolute right of the woman---She must in unambiguous and unequivocal terms express her intention to exercise such right before the court, that is to say, she must put her offer before the court that she seeks release from the marriage by waiving her dower and only then the court can grant her khula---Fundamentally, the principle is that khula cannot be granted, if it has not been explicitly sought for by the woman because she has to give up her right to dower---Hence, a court cannot on its own pass the decree of khula if it has not been sought for by the woman---Therefore, her consent is vital.

Other judgments reported in 2024 PLD

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