LAHORE: The Lahore High Court (LHC) held that the right of a woman to remain in a marital tie cannot be lightly taken away which is subject to adopting the proper procedure.
The court said the practice of converting a suit for dissolution of marriage into one of Khula without the consent of the woman is totally in contravention to the law.
The court said that the family court is empowered to decree the suit for dissolution of marriage on the basis of Khula but such a decree could not be passed unless the wife expressly asks for the same, the court added.
The court passed this order in a petition of a man who approached the court against the decision of a family court dissolving the marriage of the petitioner and his wife in a suit of Khula without their consent.
The court said the duty of the family court is to protect the marriage, the family, the mother and the child as provided in the Article 35 of the Constitution.
The court said the provisions of the Family Courts Act, cannot in manner be applied to destroy the institution of marriage, unless the conditions for dissolution of marriage on the basis of Khula or any other ground provided by law for dissolution of marriage are established.
The court said the family court is instrumental in resolving the dispute between the parties and if genuine efforts fail, only then decree for dissolution of marriage was required to be passed, the court added.
The court said, the family court has to assess whether wife through her voluntary decision really requires marriage to be dissolved or not.
The court observed that it appears from the record that the trial court did not make positive attempt to find out or ascertain the points of controversy between the parties and attempt to effect compromise between them.
The court said it was the duty and legal obligation of the family court to make a genuine attempt for reconciliation between the parties and added attempt to effect compromise between them appears to be lacking the court added.
The court noted that the respondent woman had not expressed her voluntary decision requiring dissolution of her marriage.
The court also noted that the statement of the petitioner-husband clearly mentions that he wants to reconcile the matter with her wife.
The court observed that judge family court has not properly exercised the jurisdiction vested in him and has acted in haste to dissolve the marriage without ascertaining whether the wife wanted to be divorced or not.
The court; therefore, set aside the decree for dissolution of marriage on the basis of Khula.
The court allowed the petition and observed that suit for dissolution of marriage shall be deemed to be pending before the family court, which shall proceed with the same in accordance with law.
The court also declared the order of the family court referring the matter to the concerned union council as without lawful authority and quashed the proceedings before the union council and declared the same as nonexistent.
Copyright Business Recorder, 2026