Khula, marriage in US case
\nSays Islam does not force on spouses a life devoid of happiness, if the parties cannot live together
\nISLAMABAD
\nThe top court has noted that Islam confers the right of khula\u2014dissolution of marriage\u2014to woman and a Muslim woman can get herself released from the bond of marriage if she feels, due to any reason, that she could not live with her husband within the limits prescribed by Allah Almighty.
\n\u201cThe legislature while introducing amendment in the Family Court Act, 1964 has derived wisdom from Quran and Sunnah,\u201d the Supreme Court said in a ruling authored by Justice Syed Hasan Azhar Rizvi.
\nThe judge was part of a three-member bench which maintained an order of a family court with regard to dissolution of a marriage at the request of the wife, a dual national.
\nThe court noted that the right and mode of khula has been described in verse 229 of Surah Baqarah.
\n\u201cIslam 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,\u201d it said.
\nThe court noted that proviso to Section 10 of the Family Court Act, 1964 empowers the family courts to pass a preliminary decree for the dissolution of marriage forthwith upon the failure of reconciliation and further provides that the wife shall be ordered to return the mehr\u2014dowers\u2014received by her.
\n\u201cSection 10(3) imposes a legal obligation on the family courts to make a genuine attempt for reconciliation between the parties. [A] trial court shall remain instrumental and make genuine efforts in resolving the dispute between the parties.
\n\u201cIn case if, despite 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.
\n\u201cAt this juncture if the court observes that the wife without any reason is not willing to live with her husband, then under proviso (ibid) the court is left with no option, but to dissolve the marriage,\u201d it said.<\/p>\n","protected":false},"excerpt":{"rendered":"
Khula, marriage in US case Says Islam does not force on spouses a life devoid of happiness, if the parties cannot live together ISLAMABAD The top court has noted that Islam confers the right of khula\u2014dissolution of marriage\u2014to woman and a Muslim woman can get herself released from the bond of marriage if she feels, […]<\/p>\n","protected":false},"author":2,"featured_media":354647,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":{"0":"post-381222","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-national"},"yoast_head":"\n