Home » Judgments » Dissolution of Muslim Marriages Act 1939 » s.2(viii)
Judgments on s.2(viii), Dissolution of Muslim Marriages Act 1939
Pakistani court judgments that consider s.2(viii), Dissolution of Muslim Marriages Act 1939, summarised in plain English, newest first. Each gives the issue, what the court held and what it means in practice, and is reviewed by an advocate.
2 judgments
Supreme Court: a statutory dissolution claim cannot be turned into khula without the wife’s consent (shiqaq)
Mst. Zainab Bibi v. Muhammad Waseem and others; Mst. Iram Naz Begum v. Fazal Khaliq and others
Issue: When a wife sues for dissolution on the ground of cruelty and cruelty is not proved, can the Family Court grant khula…
Held: No. Converting a claim for statutory dissolution into khula without the wife's clear and voluntary election is an error of law. On the record, the Supreme Court sustained the dissolutions on the different ground of shiqaq under section 2(ix) of…
Art. 14, Constitution of Pakistan 1973Art. 199, Constitution of Pakistan 1973Art. 25, Constitution of Pakistan 1973Art. 4, Constitution of Pakistan 1973
Supreme Court: cruelty need not be physical, and a cruelty case cannot be turned into khula
Dr. Seema Hanif Khan v. Waqas Khan and others
Issue: Can a Family Court grant khula of its own accord to a wife who sued for dissolution on statutory grounds, and what…
Held: No court may grant khula without the wife's clear consent; filing a suit for dissolution is not a request for khula. Grounds under the 1939 Act are proved on the balance of probabilities, and cruelty, which may be mental and…
Art. 14, Constitution of Pakistan 1973Art. 199, Constitution of Pakistan 1973Art. 25, Constitution of Pakistan 1973Art. 35, Constitution of Pakistan 1973