7.In the case of Muhammad Ayoub Khan v. Mst. Shehla Rasheed (PLD 2010 Karachi 131) similar question had arisen and Madam Rukhsana Ahmed, J (as the then She was) elaborately dilated on the issue in discussion and held 'Khula' would amount to single divorce and the parties can rejoin after solemnization of Nikah. In concluding para it was held that:--
"For the foregoing reasons, while keeping in view the authenticated observations made by the learned Scholars as well as respectfully following the decision of this Court, hold that pronouncement of Khula by the Court would amount to a single divorce until the third divorce takes place. The petitioner would be at liberty to re-marry his wife and the parties can rejoin as husband and wife on the solemnization of Nikah without intervention of third person. Resultantly, Judgment and Decree of the Court in respect of dissolution of marriage between the partieson the basis of Khula is declared annulled and is therefore set aside. In view of the above, this petition stands disposed of".
Part of judgment
DANISH VS Mst. FOZIA DANISH, 2013 PLD-KARACHI-HIGH-COURT-SINDH 209 (2012)
Dec. 11, 2012 KARACHI HIGH COURT SINDH 2013 PLD 209
2013 PLD-KARACHI-HIGH-COURT-SINDH 209
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