This case revolves around two sisters who filed suits for dissolution of their marriages through khula and return of dowry articles. Their suits were decreed by the Family Judge, Karachi, and khula was granted. The two brothers (the petitioners) contested the decrees, raising jurisdictional and legal questions.
Key Legal Points:
- Jurisdictional Challenge:
- The petitioners argued that the suits were filed in the wrong jurisdiction, claiming the sisters provided a false address in Gulistan-e-Jauhar (East Karachi), while their actual residence was in Nazimabad (Central Karachi).
- The court dismissed this argument, stating that the sisters had lived with their brother in Gulistan-e-Jauhar at the time of filing the suits, and there was no evidence of misrepresentation. The mere challenge to jurisdiction without concrete evidence was insufficient to invalidate the proceedings.
- Khula and Islamic Law:
- The petitioners contended that khula could not be granted without the husband’s consent and referred to the pending appeal against the Federal Shariat Court’s decision on the matter.
- The Federal Shariat Court’s decision (May 28, 2009) clarified that while marriage is a civil contract in Islam, it can be dissolved by the husband through talaq or by the wife through khula if reconciliation efforts fail. The court emphasized that a woman should not be forced to remain in a harmful or oppressive marriage.
- Rulings of the Courts:
- The court held that there was no legal infirmity in the decisions of the Family Courts. The sisters’ claims of maltreatment and abuse, combined with their expressed desire to dissolve the marriages, were sufficient grounds for granting khula.
- The Family Court acted within its authority by passing the khula decrees after reconciliation efforts failed.
Conclusion:
The High Court found no legal justification to interfere with the lower court’s decisions, dismissing the petitions in limine (at the preliminary stage). The judgment underscored that both spouses are entitled to dissolve a marriage when reconciliation fails, and courts have the authority to grant khula without requiring the husband’s consent in such situations, aligning with Islamic principles of justice and fairness.