Absolute Right to Khula:

In PLD 2024 Federal Shariat Court 9, the case discusses the principles regarding a woman’s right to seek Khula, or the dissolution of marriage, under Islamic law. The key points clarified by the Federal Shariat Court in this judgment are as follows:

1. Absolute Right to Khula: It is an inherent and fundamental right of a woman, under the Quran and Sunnah, to seek the dissolution of her marriage through Khula, without the need to allege mistreatment or provide additional reasons.
2. Conditions for Khula: For a woman to obtain Khula, she must express her willingness to return the dower (Mahar) to her husband and state that she can no longer live with him within the limits prescribed by Allah. No further proof or grounds are required.
3. No Consent Needed from the Husband: The court emphasized that a wife’s statement of dissatisfaction with her husband, combined with her willingness to return the Mahar, is sufficient for the court to grant Khula. The husband’s consent is not required.
4. Return of Dower (Mahar): While a woman seeking Khula may be required to return the Mahar (as Badl-e-Khula), it cannot exceed the amount originally given. If the husband has mistreated the wife, the court may reduce the compensation or even grant Khula without requiring the wife to return any Mahar.
5. Effect of Precedent: The court reaffirmed that any decision of the Federal Shariat Court is binding on all courts, including the High Courts, under Article 203GG of the Constitution of Pakistan. A prior decision of the Federal Shariat Court had invalidated Section 10(5) of the Family Courts Act (Amendment) 2015, which had not been considered by the lower courts in this case.
6. Dismissing Misconceptions: The court dismissed the petitioner’s argument that a husband’s consent is required for Khula and clarified that any form of dislike or subjective feeling is enough for a woman to seek dissolution, highlighting that societal misconceptions should not interfere with this right.

Ultimately, the Shariat Petition was dismissed as it sought relief against a Family Court’s Khula decree, but the court reiterated that Khula is a woman’s unequivocal right under Islamic law.