LAHORE: A full bench of the Federal Shariat Court (FSC) admitted on Wednesday 12 petitions seeking declaration that the court is not empowered to dissolve the marriage bond without consent of the husband.
The bench, comprising Chief Justice of FSC Haziq-ul- Khairi, Justice Allama Dr Fida Muhammad Khan and Justice Salahuddin Mirza, admitted the petitions for regular hearing at the principal seat as well as provincial branch registries.
The court also observed that the view point of Ulema, lawyers and jurisconsultants will also be heard apart from the standing counsel of the federal and provincial governments.
According to an FSC press release issued here, the Supreme Court has delivered three judgements on this issue.
In 1945, it was held that the court is not empowered to dissolve the marriage without the consent of the husband. In 1952, the same dictum was maintained by the Supreme Court.
In 1967, in Khurshid Bibi case, Justice Rahman delivered another judgment departing from the dictum given in previous two judgements.
It was held that the court is empowered to dissolve the marriage without consent of the husband. This precedent, at present, holds the field and the subordinate courts are bound to deliver judgments in “Khula’ case in the light of this judgement.
Source: The News