In a recent supreme court case in Pakistan, Sohail Ahmed challenged a family court decision regarding his wife’s request for divorce. The dispute centered on whether Pakistani courts had jurisdiction over their marriage, which took place in New York, USA, and his wife’s residency in the USA. Despite his objections, the Supreme Court upheld the family court’s jurisdiction, citing legal rules and principles. This decision marked the end of a legal battle between the couple.
Title: SOHAIL AHMED VS Mst. SAMREENA RASHEED MEMON and another
Citation: 2024 S C M R 634
Husband Appeals Family Court Decision on Wife’s Residency
This article reports on a recent decision by the Supreme Court of Pakistan regarding a couple’s dissolution of marriage. The husband, Sohail Ahmed, challenged the jurisdiction of Pakistani family courts in the case, arguing that his marriage to Samreena Rasheed (a dual citizen of Pakistan and the USA) took place in New York, USA.
Marriage Dispute and Family Court Proceedings
Ms. Rasheed filed for Khula (dissolution of marriage initiated by the wife) in a Karachi family court despite residing in the USA. Mr. Ahmed contested the court’s jurisdiction, but his application was dismissed. Reconciliation efforts failed, and the family court issued a preliminary decree for Khula. Subsequently, Ms. Rasheed withdrew remaining claims related to maintenance and other issues.
Husband Appeals High Court Decision
Mr. Ahmed challenged both the family court’s jurisdiction and the high court’s dismissal of his petitions in the SC. He argued that Pakistani courts lacked authority due to the marriage location and Ms. Rasheed’s residency.
Supreme Court Upholds Family Court Jurisdiction
The Supreme Court, citing Rule 6 of the West Pakistan Family Courts Rules, 1965, found Pakistani FC to have jurisdiction. The rule allows the wife to file for dissolution in the court where she ordinarily resides. The court interpreted “ordinarily resides” as encompassing Ms. Rasheed’s visits to Pakistan and her educational background in Karachi.
Court Emphasizes Reconciliation Efforts and Islamic Principles
The judgement highlighted the role of family courts in facilitating reconciliation and emphasized Islamic principles granting women the right to Khula. The court pointed out that Ms. Rasheed had remarried, while Mr. Ahmed sought permission for a second marriage, indicating the dissolution’s finality.
Supreme Court Dismisses Petition and Denies Leave to Appeal
Finding no legal flaws in the lower court decisions, the Supreme Court dismissed Mr. Ahmed’s petitions and refused him permission to appeal further. The court deemed the orders by the family court and the HC to be well-reasoned and concluded the case.
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