1. "(5) In a suit for dissolution of marriage, if reconciliation fails, the Family Court shall immediately pass a decree for dissolution of marriage and, in case of dissolution of marriage through khula, may direct the wife to surrender up to fifty percent of her deferred dower or up to twenty-five percent of her admitted prompt dower to the husband.
(6) Subject to sub-section (5), in the decree for dissolution of marriage, the Family Court shall direct the husband to pay whole or part of the outstanding deferred dower to the wife."
2. "22. The upshot of the above discussion is that there is no specific verse or authentic Ahadith that provides a bar to the exercise of jurisdiction by a competent Qazi to decree the case of 'Khula' agitated before him by a wife, after reconciliation fails.
3. As discussed above in detail, the Ayaat and Ahadith relied upon by the petitioners neither specifically relate to the issue of 'Khula' nor to the lack of authority of a Qazi duly authorized by an Islamic State to resolve the disputes between husband and wife. The interpretation of the said Verses and Ahadith'is also not unanimous.
23. Consequently for the reasons stated above, we dismiss these petitions."
4. 'Marriage in Islam is a commendable institution designed as a basic social unit. Its main objectives are, inter alia, as follows:- Procreation of children, preservation and perpetuation of the human race, through legitimate sexual intercourse between a man and a woman whose relationship as husband and wife is publicly declared and made known to the society at large. The Holy Qur'an says:-- "0 Mankind, be conscious of your duty to your Lord, who created you from a single soul, crated of like nature, his mate, and from the two created and spread many men and women "(4:1)
5. "Your wives are for you to cultivate: so go to your cultivation whenever you wish, and take care of what is for you, and heed God and know that you will meet Him (2: 223)
(b) Protection of morals through legally justified satisfaction of natural biological urges and, resultantly, curbing pre-marital or extra marital sex. The Holy Qur'an calls marriage Hisn which means a fortress, a castle i.e. profection against illegal sex relations. The Holy Qur'an referring to this aspect says: "So marry them with their guardian's permission and give them their marriage portions as wives, they being chaste, nor committing fornication or having illicit friendship". (4:25)
6. At another place, the same point is highlighted with reference to the man": "And respectable, believing women (are lawful) as well as respectable women from among those who are given the Book before you have given them their marriage portion and Taken them in wedlock, nor fornicating or having illicit friendship "(5:5)
(c) Establishment of sound emotional, spiritual, happy, lovely and peaceful. life-long companionship. The Holy Qur'an highlighted this aspect and says:-- And (one) of His signs is that He created for you, of yourselves, spouses so that you may console yourselves with them (and find rest and tranquility in them). He has set between you love and mercy". (30:21)
7. At another place, the relationship between the spouses has been described as that between the body and the garment'.
8. "They are garments for you and you are garments for them "(2: 187)
9. Resembling the relationship of spouses to garment is very meaningful. The garment is something nearest to the body, protecting it from ex sure to anything harmful, covers and adorns it and s to its beauty. The spouses are also supposed to be very close to each other, protecting each others honour, life and property. This function of marriage is set forth in the form of prayer in a number of verses: "Our Lord! Grant us in our spouses and our offspring the comfort of our eyes and make us a model for the heedful, (25: 74)
10. My Lord! Make me keep up prayer and (also) let my offspring [ do so ]. Our Lord accept my, appeal! Our Lord, forgive me and my parents ... (14, 40, 41)