یک طرفہ عدالتی خلع اور ججز کے اختیارات ؛پاکستان کے عائلی عدالتی نظام کا تجزیاتی مطالعہ:

Abstract

Family has been the fundamental institution of every society in the history of human life. Indeed the stability of family life depends on the strong relationship of spouse. Due to the important & vital role of family Islam has provided comprehensive teachings for the establishment & stability of this institution. But if any deterioration or disputes occur in the marital relationship which effect the strong bound of spouse then Islam dose not impose a complete ban on divorce nor give a free hand to lose this agreement.And Restrictions are not imposed to keep this relation tied because sometimes the nature of the situation becomes unbearable and bitter for the couple to live together for a long time. In such condition, Islam permits for separation (divorce & Khula) despite of its detestation. In unavoidable circumstances sometimes women seek Khula’ (Divorce) from courts which has been a controversial issue among religious scholars and Judges. Many debates and articles have been published regarding the legitimacy of “Unilateral Khula”. Keeping in view the rising trends of “Judicial Khula” it is imperative to scutinize and review the prevailing system in the family courts of Pakistan. This study is a humble attempt to find out and discuss all the above mentioned points thoroughly.