KARACHI, Feb 7: The Federal Shariat Court issued notices to the attorney-general and the advocates-general of the four provinces in a petition challenging the validity of a family law provision empowering family courts to dissolve a marriage by way of ‘Khula’ without recording evidence if reconciliation efforts fail.

Petitioners Imran Ali and Rashid Bin Zaid claimed the that Section 10 (4) of the Family Laws Ordinance, which was introduced in 2002, empowered the family courts to issue a decree of dissolution at the instance of a wife by way of ‘Khula’ under the Dissolution of Marriage Act without recording evidence if the parties were not prepared to reconcile their differences in the pre-trial proceedings. After the failure of reconciliation, a dissolution decree could be issued immediately.

The petitioners’ counsel, Ghulam Qadir Jatoi, argued that the new provision was repugnant to the Quranic injunctions as contained in Verse 35 of Surah Al Nisa and Verses 229 and 237 of Surah Al Baqara. He prayed that the provision be struck down under Article 203 (D) of the Constitution as un-Islamic and, therefore, unconstitutional.

Issuing notices, an FSC bench headed by Chief Justice Haziqul Khairi and consisting of Justices Dr Fida Mohammad Khan and Salahuddin Mirza asked the principal federal and provincial law officers to submit their comments within two weeks, after which the petition would again come up for consideration.

Rashid stated that his wife, Farheen, sued for dissolution of marriage.

When the pre-trial reconciliation efforts failed, a family court granted the plaintiff ‘Khula’ without further proceedings under the new provision. Imran’s wife also obtained a ‘Khula’ order immediately after failure of reconciliation efforts.

They said under the tenets of Islam, maximum time and effort should be allowed for reconciliation.