Analysis of right of kula in the light of current pratices of pakistni courts.

Abstract

Marriage among Muslims is not a sacrament, but in the nature of Civil contract. Such a contract undoubtedly has spiritual and moral overtones and undertones. Legally speaking, it remains a contract between the parties which can be the subject of dissolution for good cause. Under the Muhammadan Law, a sui juris woman cannot be forced to live with her husband against her wishes. If there is this agreement between the spouses the wife is entitled to live separately from her husband. Khula is a release from matrimonial bond which, according to the dictate of Holy Quran, can be exercised if circumstances indicate that it has been impossible for the parties to live within the prescribed limits given by Allah Almighty. Their forceful union will give birth to hateful relationship, so the usual Court practice of Pakistani courts is that they grants Khula to a woman whether she expressly claims or omits to claim dissolution on ground of Khula in the pleadings and even when other grounds for seeking dissolution of marriage are not proved.