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Lahore High Court Emphasizes Meaningful Reconciliation in Khula Cases

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Lahore High Court Emphasizes Meaningful Reconciliation in Khula Cases

Islamabad 26-06-2024: The Lahore High Court, Rawalpindi Bench, has reaffirmed the necessity for effective reconciliation proceedings in cases of Marriage Dissolution through Khula. In the judgment for [Writ Petition No. 167 of 2024], Mr. Justice Mirza Viqas Rauf highlighted the importance of thorough reconciliation processes to uphold the principles of Islamic law and ensure that both parties' rights are respected.

The case involved petitioner, who challenged the Family Court's decision dated December 19, 2023, which decreed the dissolution of his marriage based on khula initiated by his wife (referred to as respondent No. 4). The petitioner argued that the reconciliation process was conducted in a mechanical manner without his consent, which he claimed violated Islamic injunctions and constitutional provisions. The petitioner also questioned the constitutionality of proviso to Sub-Sections 4 & 5 of Section 10 of the Family Courts Act, 1964, asserting it contravened Articles 4, 8, 9, and 10-A of the Constitution of Pakistan.

In his judgment, Mr. Justice Mirza Viqas Rauf underscored that Islam permits the dissolution of marriage through Talaq, Mubarat, and Khula. He emphasized that Khula, which allows a wife to seek divorce by compensating her husband, does not require the husband's consent if the Court finds the marriage irreparable.

The Court stressed that Family Courts must conduct reconciliation proceedings meaningfully, ensuring both parties have an opportunity to reconcile before granting a khula decree. The judgment reaffirmed the constitutionality of the challenged provisions of the Family Courts Act, 1964, and emphasized adherence to Islamic principles in marital disputes.

The decision reinforces the judicial responsibility to ensure that dissolution of marriages is not granted hastily and that all efforts for reconciliation are exhausted, respecting the sacredness of the marital relationship as prescribed by Islamic law.