Khula

  1. If the main issues were decided against the respondent the Court was competent to order the dissolution of marriage on payment of ‘Khula’ if the circumstances of case so warranted — No hard and fast rule can be laid down.Makhdoom H. v. Mst.Habib Begum  1993 SCR 330 (A)
  2. Art. 199 — Civil Procedure Code, 1908,O.22 R.14 — “Khula” — Dissolution of marriage, suit for — Conjugal rights, suit for — Witnesses — Held: That dissolution of marriage on ‘khula’ was permissible on completion of offer by wife to return the benefits received by her and accepted by the husband — However, if the offer made by wife is not accepted by the husband or wife declines to return the ornaments given to her it is in the discretion of the Court to finally decide the matter regarding the return of benefits — In view of dictum of Supreme Court and the view taken by High Court in 1985 CLC 2626 non compliance of wife to return benefits received by her to her husband would not adversely affect the factum of dissolution of marriage on the basis of “Khula” — In view of findings of Courts below that spouses can no more live within the limits ordained by God, the marriage stood dissolved and return of benefits by wife to husband remains merely liability of civil nature which can be enforced by the husband through appropriate means — Failure of appellant to deposit the amounts of 20 tolas with the Court by specific date would not affect her dissolution of marriage — Appeal dismissed. Kousar Nisar v. Muhammad Maqsood 2000 SCR 404 (A)
  3. It is well settled principle of Shariah that a decree on the basis of ‘Khulah’ can be passed if the Courts come to the conclusion that it was no more possible for the purposes to live together within the limits ordained by the ‘God’ — It is not necessary that marriage can only be dissolved on the basis of ‘khulah’ if there exist a deep rooted hatred between the husband and wife, rather same can be dissolved on the basis of variety of circumstances which satisfy the Court that it is not possible for the spouses to live as husband and wife as is ordained by the God — Held: Decree of dissolution of marriage passed by the trial Court shall be effective. Naqeeba Begum v. Abdul khaliq 2002 SCR 218 (A)
  4. It is very sad and pity that the wedlock between the spouses should be broken after a long matrimonial life but when going gets tough the tough gets going — In view of unequivocal statements of appellants that they cannot live with their husbands at any cost and have developed severe hatred against them, they definitely cannot live within the limits ordained by Almighty God — Their relationship, love and affection could not above up in so many years, there appears no chance of happy married life, and if they are forced to live, there is every apprehension of their breaking the limits ordained by Almighty God — Matrimonial relations are based on trust, love, affection, goodwill and sacrifice for each other, if that lock, it is a forced union not spousism. Zohra Bi  v. Muhammad Saleem & others 2005 SCR 82 (A)
  5. The Principle of Khula is based on the fact that if a woman has decided not to live with her husband for any reason and there is no chance of reconciliation of her retrieving from that position, then it is left to the conscience of the Court to dissolve the marriage through Khula — Dissolution of marriage on the basis of Khula must be ordered in the given background of the parties who have resorted  to litigation  which has further created bitterness and in spite of efforts by elders there is no chance of reconciliation between them — Decrees for dissolution of marriage passed. Zohra Bi v. Muhammad Saleem & others 2005 SCR 82 (B)
  6. Where spouses have developed so much hate and disrespect against each other then it is advisable to dissolve the marriage on the basis of ‘Khula’ which is the right of wife. Tanveer Hussain v. Nani Sultana & 4 others 2006 SCR 238 (A)
  7. The wife is entitled to dissolution of marriage on the ground of khulla when in view of circumstances of relations between the spouses the wife has reached a point of no return and has developed disliking and even hatred from her husband and the Court is of the opinion that the parties cannot observe the limits ordained by God — The only condition is that wife has to pay to the husband full or part of the consideration she has received from her husband at the time of contract of marriage as the Court may determine. Syed Shujahat H. Kazmi v. Mst. Nazish kazmi 2007 SCR 438 (F)
  8. When a woman approaches the Court for dissolution of marriage on the ground of Khula that she cannot live with the husband as his lawfully wedded wife within the limits ordained by Almighty Allah, it is enjoined upon the Court to grant a decree for dissolution of marriage on the ground of Khula. Tariq Mahmood  v. Azra Bi and 16 others 2013 SCR (SC AJ&K) 108 (A)
  9. Held: when a wife categorically states that at every cost she wants separation and is not willing to live with her husband, no law can compel her to live with him. Further held: According to the Qur’anic verse No.229 of Surah AL-Baqarah, if the supposes think that difference and hatred between them is much developed and they cannot live together within the limits ordained by Almighty Allah, then the proper course is separation. Meharban H. v. Zahida Kausar & 6 others 2014 SCR 1577 (A)
  10. Contention of appellant is that the respondent never sought the decree on the basis of Khula rather she claimed the decree on the ground of impotency which was not proved by her — Held: It is not necessary that marriage can only be dissolved on the basis of Khula rather the same can be dissolved on the ground of variety of circumstances on the basis of which the Court is satisfied that the spouses cannot live as husband and wife within the limits ordained by Allah. Meharban Hussain v. Zahida Kausar & 6 others 2014 SCR 1577 (B) 2002 SCR 218 & 1994 CLC 230, rel.  
  11. The suit for dissolution of marriage before the family Court on the basis of Khula is entirely of different nature as compared to the other legal litigations. Mst. Fozia Raheem v. Waseem Ahmed Rathore 2016 SCR 1213 (C)
  12. Khula — consideration — dissolution of marriage on the basis of Khula claimed by the wife — it is prerogative of the Court to determine the amount of Khula and pass a decree to return the amount to the husband, whether it was claimed or not as the dissolution on the basis of Khula takes place on the order of the Court — The condition for such like dissolution of marriage is that the wife has to pay back the benefits she has received from husband at the time of contract of marriage. Mst. Fozia Raheem v. Waseem Ah. Rathore 2016 SCR 1213 (D) 2007 SCR 438 & PLJ 2014 SC (AJK) 204 rel.
  13.  Khula — when the dissolution of marriage is being urged by a wife, then the wife has to pay back all that what she has received in lieu of marriage. Mst. Fozia Raheem v. Waseem Ahmed Rathore 2016 SCR 1213 (E)
  14. ۔۔ ۔  ڈگر ی تنسیخ نکاح بربنائے خلع کی نسبت قانونی قیاس  کہ ایسی ڈگر ی بیو ی کے مطالبہ  پر جار ی کی جاتی ہے   جسمیں خاوند کا قصور نہیں ہوتا۔)(ب)
  15. Bilal Ahmed Khan v. Tassunam Khan & others 2019 SCR 761
  16. —grant of— determining factors for—when not pleaded and prayed by wife—Court is competent to grant if sufficient material available—in absence of such material—Court to adopt manner for availability of determining material—admittedly, the respondent, neither in her plaint nor in memo of appeal before the Shariat Court, claimed for decree of dissolution of marriage on the basis of  khula, however, the Shariat Court granted the same in view of its observation regarding developed strained relationship between the spouses. We have no cavil with the legal aspect that the decree for dissolution of marriage on the ground of Khula can be claimed by wife at any stage, however, the factual propositions regarding continuation of relationship within the limits prescribed by the God and the monetary benefits taken by his wife, have to be determined by the Court on the basis of facts, record, material and other circumstances of the case. If sufficient material exists for determination of these factual aspects of the matter in that case at any stage the Court is competent to dissolve the marriage on the ground of Khula but if the record is lacking such material which is helpful for the Court to determine these factual aspects, then the Court should adopt such manner so that the requisite material be made available for determination of these questions. Raja M. Gul Hussain v. Azmat Bibi 2017 SCR 199 (A)
  17. —determining factor—stand of the spouses—in pleadings and the statements—regarding continuation of matrimonial  relationship—in absence of any assertion by wife regarding khula—appreciating any other consideration for khula—not consistent with law and justice—according to the nature of the relationship of spouses , for determination of the proposition that whether the parties can further continue relationship within limits prescribed by the God or not, the basic consideration is the stand of the parties in their pleadings and statements. As it has already been observed that the respondent has not claimed dissolution of marriage on the basis of Khula in her pleadings, therefore, the only available material to be considered in this regard is her Court statement recorded on 31.03.2015, reveals that she has not stated any such material thing on the basis of which it can be ascertained that it is impossible for the spouses to further continue relationship within the limits prescribed by the God.. Even she has not deposed that she wants decree of dissolution on the basis of Khula. No doubt, according to the settled principle of law, it is the right of the wife to claim the dissolution of marriage on the basis of Khula but there should be some material supporting that the wife has offered for dissolution of marriage on the basis of khula and in lieu of such dissolution offered for returning the monetary benefits taken by her. As no such offer has been made by the respondent, therefore, in the prevailing situation, determination of this proposition with reference to any other consideration is not proper course. Thus, the conclusion drawn by the learned Shariat Court does not appear to be consistent with the principle of law and justice. Raja M. Gul Hussain v. Azmat Bibi 2017 SCR 199 (B)
  18. —Consideration of khula—maintenance allowance as consideration of—cannot be substituted for consideration—maintenance right of wife and duty of husband—so far as the proposition of consideration for dissolution of marriage on the basis of khula, is concerned, according to law the maintenance allowance cannot be substituted for consideration of Khula because the maintenance is the right of wife and duty of the husband. Held: Maintenance allowance of wife cannot be consideration of khula.   Raja M. Gul Hussain v. Azmat Bibi 2017 SCR 199 (C) 1999 CLC 160 rel.
  19. —in absence of other valid ground—for dissolution of marriage—two conditions to be fulfilled by wife—according to celebrated principle of law, in case  the wife has no other valid ground for dissolution of marriage and still she wants dissolution of marriage, then there are two conditions to be fulfilled; on to satisfy the Court that the relationship cannot be continued further within the limits prescribed by the God and the other is willingness of his wife to return all the monetary benefits she received from husband. Raja M. Gul Hussain v. Azmat Bibi 2017 SCR 199 (D)  1992 MLD 1294 Rel.
  20. —two conditions—for dissolution of marriage—on basis of khula—demand of dissolution as such by wife—second, return of all the monetary benefits received from husband—according to the principle of Shariah, in case of dissolution of marriage on the demand of wife(i.e., Khula), she is obliged to return all the monetary benefits she received from the husband. Raja M. Gul Hussain v. Azmat Bibi 2017 SCR 199 (E)
  21. —dower once paid—thereafter snatched—wife cannot claim through the Family Court—principle of law—only confined to the jurisdiction of the Family Court—in case of dissolution of marriage—Court to determine according to the facts and circumstances of each case—so far as the observation of the Shariat Court that in the light of principle of law laid down by this Court that once dower is paid to the wife and thereafter the same is snatched or taken away by the husband, the wife cannot claim for same is not strictly according to the spirit of the judgment. The principle laid down is confined only to the jurisdiction of the Family Court, whereas, in case of dissolution of marriage the Court has to determine this proposition according to the facts and circumstances of each case. If it is paid then the wife has to return and if it is unpaid then the wife will relinquish her claim of dower and the same shall be deemed adjusted against amount of khula. Same like if is party paid and party unpaid the Court has to pass the appropriate order. Raja M. Gul Hussain v. Azmat Bibi 2017 SCR 199 (F)
  22. —dissolution of marriage on khula without claim of khula–contention of the (wife) was that dissolution of marriage cannot be ordered on the basis of khula because it was not claimed by the (wife). Held: the determination of fact as to whether spouses can live within the limits ordained by Allah Almighty, depends upon the satisfaction of Qazi/Judge and if a Judge comes to the conclusion that living together of the spouses is not possible within the limits of Sharia then marriage can be dissolved on the basis of khula notwithstanding the fact that the wife has claimed khula or not. Mehnaz Akhtar & another v. Raja Abdul Waheed  2020 SCR 313 (A)
  23.  —dissolution of marriage on khula—without claim of khula—Held: it is the satisfaction of the Qazi/Judge as to whether parties can live as husband and wife within the limits ordained by Allah Almighty or not. Further held, once the conscious of a Judge is satisfied about the strain relations of the spouses then marriage can be dissolved although the same is not claimed. Mehnaz Akhtar & another v. Raja Abdul Waheed  2020 SCR 313 (B)
  24.  —khula is a pure question of law and that can be raised at any stage of the proceedings and decision can be taken by the Court on the basis of available evidence on the record. Mehnaz Akhtar & another v. Raja Abdul Waheed  2020 SCR 313 (C)
  25. —If marriage is dissolved on the basis of khula, then the wife is bound to return all the benefits. Muhammad Shezad Versus Maila Kausar  2021 SCR 702 (C)
  26. —Dissolution of marriage on account of Khula—the wife has to return what she has received from the husband— marriage dissolved subject to forfeiting decretal dower amount—wife will not be entitled to claim dower amount. Nisar Ahmed Abbasi v. Sadia Latif & others 2022 SCR 314 (B)
  27. Knowledge of counsel is knowledge of the party. Alhaj Sardar Manzoor Hussain Khan Versus Mst. Laila Ashiq & 3 others 2021 SCR 257 (A)
  28. Knowledge of the counsel is knowledge of party- Imtiaz Akhtar alias Muhammad Taj Versus Muhammad Aslam & 31 others 2021 SCR 454 (A)  
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