๐๐ก๐ฎ๐ฅ๐ ๐ข๐ฌ ๐ญ๐ก๐ ๐๐๐ฌ๐จ๐ฅ๐ฎ๐ญ๐ ๐๐ง๐ ๐ ๐ฎ๐ง๐๐๐ฆ๐๐ง๐ญ๐๐ฅ ๐๐ข๐ ๐ก๐ญ ๐จ๐ ๐ ๐๐ข๐๐: ๐ ๐๐๐๐ซ๐๐ฅ ๐๐ก๐๐ซ๐ข๐๐ญ ๐๐จ๐ฎ๐ซ๐ญ.
The Federal Shariat Court in a recent judgment has unequivocally held that Right of Khula of a Wife is not only her fundamental right but it is also her absolute right which cannot be made contingent upon the consent of her husband.
The Court further clarified that when the wife is ready to surrender the dower in exchange for Khula, there is not reason for a court to delay the dissolution of marriage on the basis of Khula. The family courts must grant Khula to the woman without any delay in case she surrenders her dower willingly.
The Court further held that Badal e Khula (amount which is offered by a wife in exchange for Khula) cannot exceed the amount of dower. It shall be either equal to the amount of dower or less than that in certain exceptional cases where the wife successfully establishes maltreatment, ill-treatment or mistreatment on the part of her husband to some extent.
PLD 2024 Federal Shariat Court 9
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