Table of Contents
- Introduction
- Case Background
- Key Legal Provisions
- Arguments by the Petitioner
- View of the Advocate General
- Role of the Amicus Curiae
- Decision of the Lahore High Court
- Importance of the Judgment
- Related Case Law
- Conclusion
- Advocate Muhammad Amin – Expert in Family Law
1. Introduction
Khula is a form of divorce where a woman seeks separation from her husband through the court. In PLD 2025 Lahore 18, the Lahore High Court clarified whether a Family Court can dissolve a marriage under Fiqah-e-Jafria without the husband’s consent or the performance of Seeghas.
2. Case Background
Petitioner: Syed Shouzab Imran Kazmi
Respondent: Syeda Iffat Bukhari
Court: Lahore High Court
Judge: Hon’ble Justice Mirza Viqas Rauf
Decision Date: 31st October, 2024
Writ Petition No.: 2521 of 2022
The couple was married under Shia faith and had four children. The wife filed a suit for dissolution of marriage on the basis of khula in the Family Court, Attock. The court dissolved the marriage under Section 10(5) of the Family Courts Act, 1964, after reconciliation efforts failed.
3. Key Legal Provisions
- Section 7 of the Muslim Family Laws Ordinance, 1961 (Amended by Act XXIX of 2021)
- Section 10(5) of the Family Courts Act, 1964
- Article 199 of the Constitution of Pakistan
The amended Section 7 applies only to federally administered areas and not to Punjab.
4. Arguments by the Petitioner
The petitioner (husband) argued:
- As followers of Fiqah-e-Jafria, the marriage could only be dissolved with the husband’s consent and proper Seeghas.
- Quoted PLD 2022 FSC 25 to assert the requirement of religious procedure.
- Argued that khula without his agreement violated Islamic teachings and Shia jurisprudence.
5. View of the Advocate General Punjab
The Advocate General of Punjab responded:
- The amended Section 7 does not apply to Punjab.
- Family Courts in Punjab can dissolve marriages on the basis of khula without husband’s consent.
- Quoted PLD 1967 SC 97 (Mst. Khurshid Bibi case) and PLD 2014 FSC 43, which uphold the authority of courts to grant khula independently.
- Emphasized that khula is not against Islamic injunctions.
6. Role of the Amicus Curiae
Ch. Imran Hassan Ali, appointed as amicus curiae, highlighted:
- Khula under Family Courts Act is valid for all sects, including Fiqah-e-Jafria.
- No legal or religious bar exists for a Family Court to dissolve such a marriage without the husband’s participation.
- Cited Baz Muhammad Kakar v. Federation (PLD 2012 SC 923) to explain the doctrine of severability—that only unconstitutional provisions should be invalidated, not the entire law.
7. Decision of the Lahore High Court
The Court held:
- Khula can be granted without husband’s consent, even for Shia couples.
- The requirement of Seeghas is not binding on the Family Court.
- The decree was rightly passed under Section 10(5) of the Family Courts Act, 1964.
- The High Court refused to interfere with the Family Court’s decision and dismissed the constitutional petition.
8. Importance of the Judgment
This decision confirms:
- Uniformity in family law across sects in Pakistan.
- Women from Fiqah-e-Jafria can also seek khula through Family Courts without facing sectarian procedural barriers.
- The Family Courts Act overrides sect-specific traditions when enforcing statutory rights.
9. Related Case Law Cited
- Mst. Khurshid Bibi v. Baboo Muhammad Amin, PLD 1967 SC 97
- Baz Muhammad Kakar v. Federation, PLD 2012 SC 923
- PLD 2022 FSC 25 (distinguished)
- PLD 2014 FSC 43, validating the Family Courts Act
- Mst. Balqis Fatima v. Najam-ul-Ikram Qureshi, PLD 1959 Lahore 566
10. Conclusion
The Lahore High Court’s ruling in PLD 2025 Lahore 18 is a significant affirmation of a woman’s right to khula, regardless of her sect. It ensures that Family Courts remain empowered under statutory law to decide khula cases fairly and without being bound by sect-specific customs.
11. Advocate Muhammad Amin – Expert in Family Law
Advocate Muhammad Amin is a seasoned legal practitioner based in Peshawar, known for his expertise in family law, company registration, and online legal documentation. With over 7 years of experience, he has represented numerous clients in family disputes, khula cases, maintenance issues, and child custody battles.
He offers online legal services globally and can assist you with:
- Drafting divorce documents and legal notices
- Filing or defending Khula and maintenance suits
- Power of attorney, affidavits, and legal documentation
- Company and trademark registration in Pakistan
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