LAHORE: The Lahore High Court (LHC) has restored a marriage after a family court ‘hastily’ granted divorce on the basis of “khula” without ascertaining whether the wife wanted to be divorced.

Following domestic disputes and her shifting to a Darul Aman, Alia Bibi filed a composite suit before a family court of Multan in 2025 seeking the recovery of dowry articles and the dissolution of her marriage.

During the reconciliation proceedings, the wife stated that she did not want to return to her husband’s house at that moment.

However, she later clarified to the LHC that she only intended to hold off on moving back until her dowry, maintenance and the medical treatment of her disabled daughter were settled. She maintained she never asked the family judge for a divorce decree.

The husband, Muhammad Kora, also expressed a clear desire to reconcile and bring his wife home.

However, the family court declared reconciliation a failure and immediately dissolved the marriage on the basis of Khula.

Later, both husband and wife approached the LHC to challenge the divorce, claiming they were shocked by the impugned verdict.

In his ruling, LHC Justice Muzamil Akhtar Shabir observed that the family court had failed in its legal obligation under Section 10(3) of the Family Courts Act, 1964, which mandates a “genuine attempt” at reconciliation.

The judge noted that the family court acted in haste and based its decision on “cursory statements” without ascertaining the wife’s true intent.

“It was the duty and legal obligation of the family Court to make a genuine attempt for reconciliation between the parties as the Family Court is instrumental in resolving the dispute between the parties,” the judge maintained.

Justice Shabir highlighted Article 35 of the Constitution, which binds the state to protect the marriage, the family, the mother and the child.

The judge ruled, “Khula is an exclusive right and it can only be granted if the woman expresses her intention in unambiguous and unequivocal terms.”

Citing Supreme Court rulings, the judge noted that filing a suit for dissolution does not automatically mean the wife wants a Khula if she has not consented to the specific conditions (such as waiving dower).

Justice Shabir observed that the family court instead of hastily deciding the matter should have asked further questions to the wife as to whether she requires further time to think over or reconsider the matter.

But, he regrets, the said course of action was not adopted by the trial court.

In the conclusion, the judge declared the previous dissolution of marriage void ab-initio, restoring the marital bond between the couple.

The judge said the suit for dissolution of marriage, recovery of dowry and other claims shall be deemed pending before the family court and must proceed according to law.

The judgement said any proceedings initiated at the union council level based on the previous order are quashed.

Published in Dawn, February 12th, 2026