Dr. FARYAL MAQSOOD vs KHURRAM SHEHZAD DURRANI S — 2025 PLD 262 SUPREME-COURT

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Dr. FARYAL MAQSOOD VS KHURRAM SHEHZAD DURRANI S. 2(iia)---Muslim Family Laws Ordinance (VIII of 1961), S. 6---Family Courts Act (XXXV of 1964), S.5, Sched.---Grounds for decree for dissolution of marriage---Taking additional wife in contravention of the provisions of the Dissolution of Muslim Marriages Act, 1939---Khula---Scope---In the present case when the husband (defendant) took a second wife, he contravened the provisions of the Muslim Family Laws Ordinance, 1961 (Ordinance of 1961) since neither any application was filed nor the permission of the Arbitration Council was sought in accordance with the requirements set out under section 6 of Ordinance of 1961---However, instead of adjudicating this ground, the appellate court had ordered the dissolution of the marriage on the basis of Khula---Appellate court, therefore, fell in error by granting a decree for the dissolution of marriage on the basis of Khula when it was not sought by the wife (plaintiff) nor had she given express or implied consent thereto---High Court had also not recorded any reasons in support of its conclusion to order dissolution of marriage on the ground of cruelty---Appellate court and the High Court fell in error by ordering the dissolution of the marriage between the husband and the wife on the ground of Khula and cruelty respectively---Supreme Court held that the dissolution of the marriage between the husband and the wife was on the basis of the ground described under clause (iia) of section 2 of the Dissolution of Muslim Marriages Act, 1939---Supreme Court declared that the decree of the trial court to the extent of restitution of conjugal rights was not sustainable; that the judgments and decrees to the extent of restitution of conjugal rights and dissolution of the marriage on the ground of Khula or cruelty were illegal and accordingly set aside; that the decrees granted by the Trial Court regarding dower, dowry articles, maintenance and visitation schedule shall, therefore, sustain and were accordingly upheld.

Dr. FARYAL MAQSOOD vs KHURRAM SHEHZAD DURRANI S — 2025 PLD 262 SUPREME-COURT

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