HASNAIN ABBAS vs Ms — 2026 CLC 126 PESHAWAR-HIGH-COURT

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HASNAIN ABBAS VS Ms. TOOBA BIBI S.10(4)---Wife seeking dissolution of marriage on the basis of khula---Family court compelling the husband to issue a written talaq---Legality and permissibility---Family court has clear statutory authority to dissolve a marriage on the basis of khula when reconciliation fails and the wife persists---The court has no authority to compel the husband to issue a written talaq, nor to impose penalties for not doing so---Once a decree for khula is passed the marriage stands dissolved and husband cannot be compelled to pronounce talaq whether orally or in writing. Judicial overreach---Scope---Any exercise of power beyond the statutory framework is antithetical to the rule of law and undermines the integrity of the judicial process---When a court steps outside its jurisdiction or renders a decision in contradiction to established legal principles, such a decision is void ab initio and nullity in the eyes of law. S.10(4)---Constitution of Pakistan, Art.199---Wife filing a suit for dissolution of marriage on the basis of khula---Family court while decreeing the suit compelling the husband to issue a written talaq---Legality and permissibility---Once a decree for dissolution of marriage on the basis of khula was passed the marriage stood dissolved and husband could not be compelled to pronounce talaq whether orally or in writing---Brief facts were that the respondent/plaintiff (wife) filed a suit seeking dissolution of marriage on the basis of khula---Upon her appearance and statement before the court, she gave up her claim to dower and other rights, whereafter the trial court granted a decree for dissolution of marriage through khula directing the petitioner/defendant (husband) to pronounce talaq in writing within ten days---The petitioner/husband himself did not appear, though his mother appeared before the court and the decree was passed accordingly, forming the basis of the present constitutional petition under Art. 199 of the Constitution of Pakistan---Fundamental issue which required determination was as to "Whether once a decree for dissolution of marriage on the basis of khula had been granted by the court, was it within the jurisdictional competence of the family court to compel the husband to pronounce talaq through a written deed"?---The respondent/wife instituted a suit for dissolution of marriage which culminated in the grant of a decree by the family court solely on the basis of her statement, a practice well established in matters of khula under S.10(4) of the Family Courts Act, 1964---However, Trial Court went further and imposed certain conditions on the petitioner, inter alia, directing him to issue a written talaq within ten days---Imposition of this condition reflected a jurisdictional overreach by the family court---No powers were vested in the family court to impose such unwarranted and extraneous conditions upon the petitioner---Portion of the impugned order whereby unwarranted conditions were imposed upon the petitioner including directives for pronouncement of written talaq, civil imprisonment and imposition of daily compensation was declared to be erroneous and illegal---Decree for dissolution of marriage on the basis of khula was upheld---Constitutional petition was partially allowed, in circumstances.

HASNAIN ABBAS vs Ms — 2026 CLC 126 PESHAWAR-HIGH-COURT

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