MUHAMMAD SIDDIQUE vs Mst. KALSOOM BIBI AND OTHERS
This matter concerns a petition for leave to appeal against a High Court judgment in a matrimonial dispute. The core legal question was whether the High Court correctly exercised its jurisdiction in setting aside the decisions of the Family Court and the District Judge, which had dismissed a wife's suit for dissolution of marriage on the basis of Khula. The High Court had concluded that the unhappy relations between the parties, evidenced by ongoing litigation, left no hope for them to live together within the limits prescribed by God Almighty, and that the wife was entitled to Khula upon relinquishing her dowry claim. The Supreme Court, upon hearing the parties, found no grounds to interfere with the High Court's decision. The Court held that the High Court's assessment of the matrimonial breakdown was sound and that the petition did not present a fit case for the exercise of the Supreme Court's discretionary jurisdiction to grant leave to appeal. Consequently, the petition was dismissed, affirming the dissolution of marriage on the basis of Khula.
- Can a High Court set aside a Family Court's dismissal of a suit for dissolution of marriage on the basis of Khula?
- Is the existence of irreconcilable differences and ongoing litigation sufficient grounds for a wife to claim Khula?
- Does the Supreme Court of Pakistan grant leave to appeal in matrimonial cases where the High Court has correctly assessed the breakdown of the marital relationship?
ORDER
NASIM HASAN SHAH, I.-The learned Judge in the High Court in a matter involving a matrimonial dispute was convinced after considering all the circumstances of the case that "the existing unhappy relations between the parties, who are still involved in litigation, hold out no hope for their living together within the limits prescribed by God Almighty", and held that the wife "could legitimately ask for Khula". He also noted that she was prepared to give up her claim of dowry. In this view of the matter, the dismissal of the suit of the wife by the learned Judge Family Court for dissolution of the marriage on the basis of Khula' and the judgment of the learned District Judge upholding the said order were declared to be without lawful authority and of no legal effect and ordered that the wife's suit should stand decreed on the basis of Khula'. The erstwhile husband feeling aggrieved by the judgment of the High Court has moved this Court for grant of leave to appeal against it.
2. We have heard Sh. Maqbool Ahmad, learned counsel for the petitioner and Mr. Wasim Sajjad, learned counsel for the respondent No, I and are satisfied that this is not a fit case for interference in exercise of this Court's discretionary jurisdiction of granting leave to appeal.
3. This petition is, accordingly, dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 9 cases
- MUHAMMAD RAFIQ vs Mst. KANEEZ FATIMA 2000 C.L.R. 1139
- Mst. AMANA BIBI vs MAHMOOD HUSSAIN 1998 CLC 1711
- Mst. SURRIA BIBI vs ADDITIONAL DISTRICT JUDGE KHANPUR And 2 OTHER 1997 CLC 1317
- Mst. RASOOLAN BIBI vs ADDITIONAL DISTRICT JUDGE, LAHORE and 2 others 1997 PLD Lahore 229
- Mst. NAZIR vs ADDITIONAL DISTRICT JUDGE, RAHIMYARKHAN and 2 others 1995 CLC 296
- SUGHRAN BEGUM vs ADDITIONAL DISTRICT JUDGE and others 1992 CLC 1733
- LAL MUHAMMAD vs Mst. GUL BIBI AND ANOTHER 1986 PLD Quetta 185
- ABDUL RAHIM vs Mst. SHAHIDA KHAN 1984 PLD Supreme Court 329
- MUHAMMAD RAFIQ Versus KANEEZ FATIMA 2000 SCMR 1563