Dissolution of marriage

  1. The question of dissolution of marriage was finally resolved by the Supreme Court — Non-payment of Rs.55,000/- shall not affect the decision regarding  dissolution of marriage — Non-compliance of the decision to return the amount of ‘Khula’ to the husband within one month cannot affect the dissolution of marriage — The return of the amount is a civil liability which can be enforced through a separate suit. Muhammad Khalil v. Mst. Shazia Iqbal 2008 SCR 277 (A) 2000 SCR 40 rel. Over rulled   vide 2013 PLJ SC (AJK) 38
  2. All the Courts dissolved the marriage as such no question arises regarding the restitution of the conjugal rights. Muhammad Khalil v. Mst. Shazia Iqbal 2008 SCR 277 (B), Over rulled 2013 PLJ SC (AJK) 38
  3. Ground for — non-payment of maintenance to wife — period of — according to law, for dissolution of marriage 2 years period of failure of husband to provide maintenance to wife is recognized valid ground. Nazish Shabir  v. Basit Iqbal Khan & another 2015 SCR 400 (B)
  4. Strained relation — not possible for the spouses to live together within the limits ordained by Allah Almighty — Held:  the best option left with the Court is the separation of the spouses and the marriage can be dissolved by the Court on the basis of variety of the circumstances, which satisfies the Court that it is not possible for the spouses to live as husband and wife as is ordained by Allah Almighty. Mst. Fozia Raheem v. Waseem Ahmed Rathore 2016 SCR 1213 (A)
  5. —suit for dissolution of marriage—argument: decree for restitution of conjugal rights, debars the suit for dissolution of marriage—held: no serious effort has been made by appellant for population of his wife and on other hand he also contracted second marriage—under law the decree for restitution of conjugal rights cannot debar the respondent to file the suit for dissolution of marriage on the basis of cruelty. The argument is ill-founded and not supported by law. Argument repelled. Muhammad Sohrab vs Sobia Hayat 2018 SCR 1167 (A)
  6. —khula—decree of khula—effect of—question, whether same is deemed as irrevocable  talaq, dissolves marriage in perpetuality and hurdle in way of reunion of spouses without performing halala—Supreme Court AJ&K held that the decree passed by the learned Family Judge Gojra [Pakistan] is doubtful as the same has not been acknowledged by the appellant and even otherwise, such decree does not operate as complete Talaq in the light of the case law referred to and relied upon by the counsel for the appellants. Ayaz Hussain & another V. State & 10 others 2020 SCR 775 (A) PLD 2003 Peshawar 169, PLJ 1996 Lahore 91, PLD 2011 Lahore 458 & 2011 CLC 1211 rel
  7. —Khula— objection that wife has not claimed dissolution of marriage on the ground of khula—plaintiff categorically stated she was developed hatred towards husband and she will not live with him at any cost—held: it cannot be said that dissolution was not claimed on the basis of khula—khula is a pure question of law that can be raised at any stage of the proceedings and decision can be taken by the Court on the basis of evidence available on record. Aliya Jabeen versus Muhammad Ashfaq & another 2021 SCR 292 (A) 2020 SCR 313 ref.
  8. —For considering dissolution of marriage at the instance of a spouse who alleges mental cruelty, the result of such mental cruelty must be such that it becomes impossible to continue with the matrimonial relationship—the wronged party cannot be expected to condone such conduct and continue to live together–the degree of tolerance will vary from one couple to another—the Court while considering the background, level of education and the status of parties in order to justify whether cruelty alleged is sufficient to dissolve the marriage or not.  Mehvish Kazmi versus Parvaiz Hussain & another 2021 SCR 609 (F) 2014 SCR 504 & 2015 SCR 621 rel.
  9. —Khula—when the Court reaches  the conclusion that there is no more possible for the spouses to live as husband and wife within the limits ordained by Allah, then the Court may  dissolve marriage on the basis of khula—once the High Court concluded that the respondent has not proved ‘talaq’, then it was safe side of administration of justice to dissolve marriage on khula—High Court was not empowered to convert dissolution of marriage on the basis of cruelty, especially, when there was no appeal by the respondent. Nisar Ahmed Abbasi v. Sadia Latif & others 2022 SCR 314 (A)
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