تاریخ: 20 جولائی، 5 ساون، 5 صَفَر

This Court states, without ambiguity, that a woman who has lawfully obtained khula and has observed the prescribed period of iddat is fully entitled, in law, and as a valid realisation of her inherent personal autonomy, to contract a subsequent marriage of her own choosing. That right is neither contingent upon the approval of her former husband nor subject to his continuing moral or legal supervision. Any attempt to criminalise or delegitimise the exercise of that right through false or baseless litigation amounts to an abuse of the process of court.

The criminal proceedings and applications initiated by the petitioner on the premise that the respondent’s khula was ineffective or that her subsequent marriage was unlawful are declared to be frivolous, vexatious, and abusive in nature.

Accordingly, this petition is dismissed with costs quantified at Rs. 500,000 (five hundred thousand), payable by the petitioner to the respondent within thirty days, failing which the same shall be recoverable through execution proceedings before the Family Court concerned

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Categories: Family