Re-marriage

Parties were husband and wife inter se and their marriage had been dissolved on the basis of Khula, vide ex parte decree dated 7-11-2009

Plea raised by parties was that suit for dissolution of marriage was filed on misunderstanding and both of them wanted to re-marry without intervening marriage (Hallala)

Validity

Approved mode of divorce, under Muslim Family Laws Ordinance, 1961, was by one "Talaq" and such mode was obligatory for husband to divorce by one mode of "Talaq" other than "Talaq-e-Ahsan"

Couple could remarry without any intervening marriage except where wife had been divorced thrice and third divorce had become effective and only in that case they could not remarry without "Hallala"

All divorces were revocable under S.7(6) of Muslim Family Laws Ordinance, 1961

High Court allowed reunion of parties after revival of "Nikkah" particularly when wife was willing to live again with her husband and to perform her matrimonial conjugal rights within the limits ordained by the Holy Quran and Sunnah

Petition was allowed in circumstances.