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Writ Petition No. 10706 of 1980, decided on 11th November, 1980.
‑ S. 7 & Sched. ‑‑ Marriage ‑ Dissolution of‑‑Khula'‑Court, in deciding whether khula deserved, to see whether efforts at reconciliation failed whether rift, so serious that there remains no possibility of spouses living in amity and within limits prescribed by God and if wife willing to return benefits received by her from husband‑No authority to support that in order to recover her release, wife must come out with logical, objective and sufficient reasons such as would satisfy ordinary Court‑Marriage in Islam does not conceive of forcing parties to live in a hateful union. [Khula ‑Muhammadan Law].
For grant of khula , therefore, all that is required is that there should be the fear that the spouses would not live within the limits prescribed by God.
In deciding whether khula' is deserved, the Court has to see whether efforts at reconciliation have failed, whether the rift is so serious that there remains no possibility of the spouses living in amity and if the wife is willing to return the benefits she has received from the husband. There is no authority to support that in order to secure her release, the wife must come out with logical, objective and sufficient reasons such as would satisfy the ordinary Court. All that the Judge is required to do is to see if according to his appreciation of situation his conscience is satisfied that there is no possibility of the parties living in harmony. For, forcing the parties to live to a hateful union is not in accord with the concept of marriage in Islam. No Judge could possibly take upon himself the responsibility of forcing the parties into a situation which leaves them no choice but to go astray or to adopt a sinful life.
Mst. Balqis Fatima v. Najm‑ul‑Ikram Qureshi P L D 1959 Lah. 566; Mst. Khurshid Bibi v. Baboo Muhammad Amin P L D 1967 S C 97; Holy Qur'an, V. 2:229; Shah Wali Ullah on; AI‑Musawwa‑min‑Abadith‑al‑Muatta, Vol. II, p. 160 and Ameer Ali's Digest on Muhmmadan Law, 7th Edn Vol. II, p. 467 ref.
Abdul Aziz Quershi for Petitioner.
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