08/11/2023
2000 MLD 447 KARACHI-HIGH-COURT-SINDHBookmark this Case
GULZAR HUSSAIN VS MARIYAM NAZ
Constitution of Pakistan 1973--199 ,
----s.8---constitution of pakistan (1973), art. 199---dissolution of marriage on ground of khula'--remarriage by parties---conditions---family court decreed suit filed by wife for. dissolution of marriage on ground of khula'and dissolved marriage between the parties in lieu of dower amount--husband had challenged the decree in constitutional petition---during pendency of constitutional petition, application was filed praying therein to dispose of constitutional petition in the light of settlement arrived at between the parties---terms and conditions of said settlement were; that husband had undertaken to maintain wife and to provide her necessities and luxuries according to his status; that wife was ready to join husband as his wife, and that decree for dissolution of marriage by way of khula'be recalled and parties be allowed to remarry---dissolution of marriage by way of khula'was pronounced by family court subject to return of dower amount by wife, but said amount of dower neither was returned by wife nor same was accepted by husband---pronouncement of khula'by family court, in circumstances, would amount to single divorce and until third divorce would take place, husband would be at liberty to remarry his wife again and parties could join as husband and wife on solmanization of nikah without intervention of third person.
Muslim Family Laws Ordinance 1961--8 ,
muslim family laws ordinance 1961 ----s.8---constitution of pakistan (1973), art. 199---dissolution of marriage on ground of khula'--remarriage by parties---conditions---family court decreed suit filed by wife for. dissolution of marriage on ground of khula'and dissolved marriage between the parties in lieu of dower amount--husband had challenged the decree in constitutional petition---during pendency of constitutional petition, application was filed praying therein to dispose of constitutional petition in the light of settlement arrived at between the parties---terms and conditions of said settlement were; that husband had undertaken to maintain wife and to provide her necessities and luxuries according to his status; that wife was ready to join husband as his wife, and that decree for dissolution of marriage by way of khula'be recalled and parties be allowed to remarry---dissolution of marriage by way of khula'was pronounced by family court subject to return of dower amount by wife, but said amount of dower neither was returned by wife nor same was accepted by husband---pronouncement of khula'by family court, in circumstances, would amount to single divorce and until third divorce would take place, husband would be at liberty to remarry his wife again and parties could join as husband and wife on solmanization of nikah without intervention of third person.
