SOHAIL AHMED vs Mst — 2024 SCMR 634 SUPREME-COURT

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SOHAIL AHMED VS Mst. SAMREENA RASHEED MEMON R. 6---Dissolution of marriage by way of khula---Marriage solemnized in a foreign country (United States of America)---Wife a dual citizen of Pakistan and USA---Wife residing in USA at the time of institution of suit for dissolution of marriage by way of khula---Family Courts in Pakistan, jurisdiction of---In terms of proviso to Rule 6 of the West Pakistan Family Courts Rules, 1965, the rigours of normal rule providing for territorial jurisdiction for trial of cases in Family Court have been relaxed in favour of a female filing a suit for dissolution of marriage or recovery of dower---Words "Ordinarily resides" and "shall also have jurisdiction" used in the said proviso demonstrate the intention of parliamen to facilitate things for the wife and off-set her handicap---Therefore, the option of instituting such suits vests with the wife and the Court is bound to take into account her convenience subject to law---In the present case, although the wife (respondent) was living in the USA at the time of the institution of the suit through her duly constituted attorney, however, the respondent usually came to Pakistan; acquired her education in Karachi and visited her family in Karachi from time to time---Hence, Family Courts in Pakistan had jurisdiction to entertain the matter and the trial court had rightly exercised the same---Petitions were dismissed and leave to appeal was refused. Citation Name: 2024 SCMR 634 SUPREME-COURTBookmark this Case SOHAIL AHMED VS Mst. SAMREENA RASHEED MEMON Ss. 10(3) & 10(4)---Dissolution of marriage by way of khula---Pre-trial proceedings---Scope---Section 10(3) of the Family Courts Act, 1964 imposes a legal obligation on the Family Courts to make a genuine attempt for reconciliation between the parties---Trial Court shall remain instrumental and make genuine efforts in resolving the dispute between the parties---In case if despite of genuine efforts, reconciliation fails, the Trial Court under proviso of section 10(4), without recording evidence is empowered to pass a decree of dissolution of marriage forthwith---At this juncture if the court observes that the wife without any reason is not willing to live with her husband, then under the said proviso the Court is left with no option, but to dissolve the marriage---Islam does not force on the spouses a life devoid of harmony and happiness and if the parties cannot live together as they should, it permits a separation. Citation Name: 2024 SCMR 634 SUPREME-COURTBookmark this Case SOHAIL AHMED VS Mst. SAMREENA RASHEED MEMON S. 10(4)---Dissolution of marriage by way of khula---Preliminary decree passed by Family Court---Application for withdrawal of suit in respect of remaining prayer clauses filed by wife after passing of preliminary decree---Effect---On failure of reconciliation proceedings, an order for the dissolution of marriage by way of Khula was passed by the Family Court and preliminary decree was prepared on the same day---Subsequently suit was fixed for evidence in respect of certain prayer clauses, when the wife (respondent) filed a statement supported with an affidavit of her attorney for the withdrawal of the suit in respect of said prayer clauses---Suit was disposed of as withdrawn by the trial court---Thus, preliminary decree already passed/prepared shall be deemed to be the final decree as the respondent had already withdrawn the suit to extent of remaining prayer clauses---Petitions were dismissed and leave to appeal was refused.

SOHAIL AHMED vs Mst — 2024 SCMR 634 SUPREME-COURT

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