Table of Contents
- Introduction
- Legal Context
- Jurisdiction of Family Courts
- Dissolution of Marriage through Khula
- Withdrawal of Suit
- Conclusion
1. Introduction
The case of Sohail Ahmed v. Mst. Samreena Rasheed Memon (2024 SCMR 634) revolves around a dispute regarding the jurisdiction of Family Courts in Pakistan and the dissolution of marriage through Khula. The dispute centers on whether Family Courts in Pakistan can entertain cases when one party, in this case, the wife, resides outside Pakistan.
2. Legal Context
Sohail Ahmed filed a petition challenging the decision of the High Court of Sindh, which had dismissed his constitutional petitions. These petitions questioned whether a Family Court in Pakistan had the jurisdiction to hear a case involving a marriage solemnized in the United States, with the wife residing there at the time of filing the case.
3. Jurisdiction of Family Courts
The key legal provision examined in this case was Rule 6 of the West Pakistan Family Courts Rules, 1965. According to this rule, the Family Court has jurisdiction if the wife “ordinarily resides” within its local limits. The Supreme Court found that the wife had regular ties with Karachi, where she had studied and frequently visited her family. Therefore, the Family Courts in Pakistan had the jurisdiction to entertain the case, even though the wife was living in the USA at the time.
4. Dissolution of Marriage through Khula
The case also involved the dissolution of marriage through Khula, a process that allows a wife to divorce her husband under Islamic law. The Family Court conducted reconciliation proceedings, and when these failed, it passed a preliminary decree for Khula. The Family Court has the power to dissolve the marriage if reconciliation fails, as per Section 10(4) of the Family Courts Act, 1964.
5. Withdrawal of Suit
After the preliminary decree for Khula, the wife filed for the withdrawal of the suit concerning certain prayer clauses. The trial court disposed of the suit as withdrawn, and the preliminary decree was deemed to be final. The Court noted that, after the decree, the respondent had contracted a second marriage in the USA, and the petitioner had attempted to marry again in Pakistan.
6. Conclusion
In conclusion, the Supreme Court upheld the decisions of the Family Courts and the High Court. The Court emphasized that Family Courts have jurisdiction over cases of dissolution of marriage even when one party resides abroad. Moreover, the Court affirmed that Khula could be granted if reconciliation fails, and it dismissed the petitions as meritless.
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