Table of Contents
- Introduction
- Background of the Case
- Issues Before the Court
- Legal Points Discussed
- Arguments by the Husband
- Arguments by the Wife
- Court’s Observations
- Final Judgment
- Conclusion
- About Muhammad Amin Advocate
1. Introduction
This case was about a wife asking for divorce through khula.
She also asked for her dower, dowry, and maintenance.
The Islamabad High Court gave a detailed decision.
It explained Islamic and legal points about marriage and women’s rights.
2. Background of the Case
The wife filed a suit for dissolution of marriage.
She said she could no longer live with her husband.
She also demanded her deferred dower, dowry articles, and past maintenance.
The husband said she left him without reason.
He claimed she had no right to khula or money.
3. Issues Before the Court
The court looked at the following questions:
- Can a woman get khula if the husband does not agree?
- Can the wife get maintenance after leaving the husband’s house?
- What is the value of dowry and dower?
- Was the trial court’s decision correct?
4. Legal Points Discussed
The court talked about these laws:
- Dissolution of Muslim Marriages Act, 1939
- Family Courts Act, 1964
- Islamic principles of marriage and divorce
It said family law must be applied with fairness.
5. Arguments by the Husband
The husband said:
- The wife left home without a valid reason.
- She should not get maintenance.
- She was not entitled to khula.
- The trial court did not examine all evidence.
6. Arguments by the Wife
The wife said:
- She could not live with the husband due to differences.
- Islam allows khula if a woman cannot live peacefully.
- The husband failed to give her maintenance and dower.
- She should be given her dowry and rights.
7. Court’s Observations
The court said:
- Under Islamic law, a woman can get khula if she fears she cannot obey her husband.
- The court has the power to grant khula even if the husband does not agree.
- The woman had a right to her dower, dowry, and past maintenance.
- The trial court was correct in its decision.
8. Final Judgment
The Islamabad High Court dismissed the husband’s appeal.
It upheld the family court’s decision.
The wife got:
- Dissolution of marriage through khula
- Deferred dower
- Dowry articles
- Maintenance for the past period
9. Conclusion
This case shows that family courts should look at the real facts.
A wife has a right to khula if she is unhappy in marriage.
She also has rights to her dower, maintenance, and dowry.
The court gave justice by following Islamic law and the law of Pakistan.
10. About Muhammad Amin Advocate
Muhammad Amin Advocate is a skilled family and civil lawyer.
He is based in Peshawar and helps clients all over Pakistan and abroad.
He handles cases related to:
- Khula and divorce
- Maintenance
- Dower and dowry
- Court representation
You can contact him at:
📍 Office No. 14, Zeb Plaza, University Road, Tahkal Payan, Peshawar
📞 0313 9708019
He provides reliable and professional legal services online and in person.