Khula --- Halala --- As khula is a special and exclusive right given to a woman , which is not available to a man , she can seek dissolution on the basis of khula in which one of the consequences is that she can re - marry the same man , without entering into intervening or intermediary marriage i.e. halala .
PLD 2024 Supreme Court 645
Khula is a basic right of a woman under Muslim family law -- Right to seck khula is the exclusive and absolute right of the woman --- She must in unambiguous and unequivocal terms express her intention to exercise such right before the court , that is to say , she must put her offer before the court that she seeks release from the marriage by waiving her dower and only then the court can grant her khula --- Fundamentally , the principle is that khula cannot be granted , if it has not been explicitly sought for by the woman because she has to give up her right to dower --- Hence , a court cannot on its own pass the decree of khula if it has not been sought for by the woman --- Therefore , her consent is vital .
PLD 2024 Supreme Court 645
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