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Syed SHOUZAB IMRAN KAZMI vs Syeda IFFAT BUKHARI S — 2025 PLD 18 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PLD 18 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PLD
Parties
Syed SHOUZAB IMRAN KAZMI vs Syeda IFFAT BUKHARI S
Subject matter
Civil
Provisions referred to
S. 7---F; S. 10; Family Courts Act (XXXV of 1964); Family Courts Act

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

Syed SHOUZAB IMRAN KAZMI VS Syeda IFFAT BUKHARI S. 7---Family Courts Act (XXXV of 1964), S. 10(5)---Constitution of Pakistan, Art. 199---Constitutional petition---Khula---Fiqah-e Jafria---Procedure---Petitioner/husband was aggrieved of divorce on the basis of Khula pronounced by Family Court---Plea raised by petitioner/husband was that marriage between spouses relating to "Fiqah-e Jafria" could only be dissolved after recitation of "Seeghas" by husband without any influence or coercion---Validity---Wife can seek dissolution of marriage by way of Khula from Court even if her husband does not give consent for the same, and even if spouses belong to "Shia" sect---In suit for dissolution of marriage on failure of reconciliation proceedings, Family Court under section 10 (5) of Family Courts Act, 1964 immediately passes decree for dissolution of marriage and in case of dissolution of marriage through Khula, may direct wife to surrender upto fifty percent of her deferred dower or upto twenty five percent of her admitted prompt dower to husband---No clog can be imposed upon power of Family Court to dissolve marriage on the basis of Khula, when reconciliation is not possible---High Court declined to interfere in judgment and decree passed by Family Court, which while dissolving marriage through Khula in exercise of powers conferred under section 10(5) of Family Courts Act, 1964 did not commit any illegality---Constitutional petition was dismissed, in circumstances.

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