Malir court allows khula applications from three women

The court has been saddled with over 500 family suits.

KARACHI: The Malir district court disposed of three of the 664 family cases from its backlog on Tuesday when a judge approved khula applications of three distraught women. A total of 757 family cases in the district court are just awaiting judgment.

Malir’s 7th family judge, Fateh Mubeen Nizam, decreed the judgment in favour of Sana*, Aasia* and Safeena* after their husbands either did not show up at the court or were unable to properly defend themselves.

Sana had lodged a case against her policeman husband, Kashif *, for marrying a second wife without her consent and keeping it secret for six months. She also accused Kashif for not paying the maintenance money so that she could support her five children. Sana, who had married Kashif in 1990, had filed two similar suits against him in the past. Both cases, however, were withdrawn after their families had intervened. The judge allowed her khula plea as Kashif did not attend court proceedings.

Aasia* also requested the court to end her 10-year-long marriage with the defendant, Mushtaq*, as he was physically assaulting her and misbehaving with her and for not providing maintenance. “Mushtaq had left home seven years back after severely beating [me] and never came back,” Aasia told the court. The judge dissolved her marriage as Mushtaq did not attend court proceedings.

Safeena* also had a similar grievance with her husband, Asif*, and appealed to the court to grant her khula. She said that she endured torture and abuse while hoping that Asif would realise his responsibilities one day, but to no avail.

Both Safeena and Aasia told the court that they were ready to forgo their dowry right. The judge, however, directed Asif to return the items that were on the list provided by Safeena.

According to statistics, a total of 530 family cases were filed in Malir district courts till September, of which 412 family cases were pending with the second family judge and 180 with the 7th family court. A breakdown of the numbers reveal that 435 family suits, 17 family appeals, 39 cases for transferring of various assets and 30 for other family cases were filed.

*Names have been changed to protect identities

Published in The Express Tribune, November 1^st, 2012.