Courts are bound to grant Khula to claimant wife where she has expressly claimed or has omitted to claim in her pleadings or in case any other ground for seeking dissolution of marriage could not be proved by her

15. In fact Khula is a way to release the wife from matrimonial bond and can be exercised by wife if the circumstances divulge that it is impossible for her to live within the limits prescribed by the Almighty Allah and the compelling of wife to live with her husband will give rise to a hateful union, then the courts are bound to grant Khula to claimant wife where she has expressly claimed or has omitted to claim in her pleadings or in case any other ground for seeking dissolution of marriage could not be proved by her. In this regard reference is made to PLD 1959 Lahore 566 (Mst.Balqis Fatima Vs Najam ul Ikram Qureshi)  

 Part of Judgment : 

IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT
WP- Family Law
2163-09
2014 LHC 5509

0 comments:

Post a Comment

Powered by Blogger.

Case Law Search