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- Principle of Khula’ in the light of dictates of Holy Qur’an and Sunnah, was to the effect that when married parties disagreed and were apprehensive that they could not observe the bonds prescribed by Divine law, woman could release herself from marital tie by giving up some property in return in consideration of which husband was to give her Khula’ and when they had done that, ‘Talaqul Ba’ayen’ would take place—
- Khula’ was a repudiation with consent and at the, instance of wife in which she would agree to give a consideration to husband for her release from marital tie—
- In case of divorce through Khula’ it was not obligatory on wife to re-marry a third person before re-marrying with her first husband—Re-marriage with same husband, of course, would be subject to performance of another Nikah—Provisions of S.7(6) of Muslim Family Laws Ordinance, 1961, however, also allowed such re-union without ‘Halala’—
No restraint existed, in circumstances, either in Muslim Family Laws Ordinance, 1961 or in Injunctions of Qur’an and Sunnah not to allow prayer of husband for re-union with his wife when she was ready to live again as wife within limits of God.