“Khula and Women’s Rights in Pakistan – Court Judgment Explained”

Table of Contents

1. Introduction
2. Facts of the Case
3. Issues Before the Court
4. Court’s Findings
5. Important Legal Principles
6. Key Observations by the Judge
7. Final Decision
8. About Muhammad Amin Advocate

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1. Introduction

This case involves a marriage dispute. The husband filed a suit to bring his wife back. The wife filed a suit for khula (dissolution of marriage), maintenance, and dower. The Family Court decided in favor of the wife. The husband challenged that decision in the Islamabad High Court.

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2. Facts of the Case

• The husband, Malik Musawar Khan, filed a suit to restore conjugal rights.
• The wife, Mst. Nadia Yaseen Malik, filed three suits:
  1. Khula (dissolution of marriage)
  2. Recovery of dower (Haqq Mehr)
  3. Maintenance
• The Family Court allowed khula and granted maintenance and dower.
• The husband filed a constitutional petition to challenge the Family Court’s decision.

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3. Issues Before the Court

• Whether the Family Court correctly allowed khula.
• Whether the wife deserved dower and maintenance.
• Whether the husband’s petition was maintainable under Article 199 of the Constitution.

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4. Court’s Findings

• The Family Court rightly allowed khula because the wife showed her hatred toward the husband.
• The Family Court followed the Dissolution of Muslim Marriages Act, 1939.
• The Court held that the wife is not required to prove cruelty or specific faults.
• The wife only needs to prove that she cannot live with her husband within the limits of Allah.
• The husband’s constitutional petition was not maintainable.

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5. Important Legal Principles

• Family Courts Act, 1964 empowers the court to grant khula based on hatred.
• A wife does not need to prove cruelty or blame against the husband.
• Family Courts have full power to decide all issues related to marriage, dower, and maintenance.
• High Courts cannot interfere in factual findings of Family Courts unless there is a legal error.

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6. Key Observations by the Judge

Justice Mohsin Akhtar Kayani made several clear points:

• Family Court decisions on khula are based on the wife’s honest statement.
• Courts should not force a wife to stay in a marriage she dislikes.
• Dower is the wife’s legal right. Courts must enforce it.
• A constitutional petition cannot overturn Family Court findings unless there is a clear mistake in law.

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7. Final Decision

The Islamabad High Court dismissed the husband’s petition.
The Court upheld the Family Court’s decision.
The wife successfully got khula, dower, and maintenance.

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8. About Muhammad Amin Advocate

Muhammad Amin Advocate is a skilled and experienced lawyer based in Peshawar. He runs his law office at:

Office No. 14, Zeb Plaza, University Road, Tahkal Payan, Peshawar
📞 Contact: 0313 9708019

He provides the following legal services:

• Family law (divorce, khula, custody, maintenance)
• Company registration and legal documentation
• Tax matters and SECP registration
• Drafting contracts, affidavits, and power of attorney
• Online legal consultations for clients worldwide

He is well-known for his professional work, clear communication, and quick service.