Section 7(6) Muslim Family Law Ordinance 1961 — constitutional petition — re-marriage – parties were husband and wife inter se and their marriage had been dissolved on the basis of khula vide ex parte decree dated 7-11-2009 – plea raised by parties was that suit for dissolution of marriage was filed on misunderstanding and both of them wanted to re-marry without intervening marriage (Hallala) – validity – Approved mode of divorce, under Muslim Family laws Ordinance 1961 was by one “Talaq” and such mode was obligatory for husband to divorce by one mode of “talaq” other than “Talaq-e-“Ahsan” – Couple could remarry without any intervening marriage except where wife had been divorced thrice and third divorce had become 4effective and only in that case they could not remarry without “Halala” – All divorces were revocable under section 7(6) of Muslim Fmaily Law Ordinance 1961 – High Court allowed reunion of parties after revival of “Nikah” particularly when wife was willing to live again with her husband and to perform her matrimonial conjugal rights within the limits ordained by the Holy Quran and Sunnah – Petition was allowed in circumstances.
PLD 2013 Sindh 209
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