Federal, provincial govts issued notice in spousal rights case

ISLAMABAD
Supreme Court (SC) Shariat Appellate bench has issued notice to federal and provincial government regarding jurisdiction powers of court in the case of spousal rights besides seeking the reply from them.
The judges while raising questions has said how can the court force the woman if she does not want to go to her husband. Will the woman be arrested if she does not accept court’s decision. If it will be correct as per shariat or otherwise. If wife says she has not to live with her husband and she has to live in her home and she has not to give permission for second marriage to husband then what will happen.
If the woman insists she will not live with her husband and will not obtain khulla too then or the husband insists he will neither keep her with him nor divorce her. then what will happen.
These questions were raised by a five members bench of SC Shariat appellate bench presided over by Justice Jamal Khan Mandokhail while hearing the case on Monday.
Justice Jamal Khan Mandokhail inquired can court send the wife to her husband forcibly. The court holds powers to what extent in the case of restoration of spousal rights.
Additional Attorney General (AAG) said Nikkah is an agreement. The respondents are bound to implement it as long as it stays .
Justice Jamal Khan Mandokhail raised question if the wife does not want to go to her husband then court can force her how. If the woman does not comply with the court’s decision then will she be arrested.
Justice Shahid Wahid said on this occasion according to Civil Procedure Code (CPC) the property of the woman can be confiscated and her arrest is too possible. However real question is this will it be correct as per shariat or otherwise.
Justice Irfan Saadat inquired how can the court force any woman to discharge her spousal duties. Can the wife be forced to live with her husband.
AAG clarified in the court if the wife does not want to live with her husband then she can obtain khulla. The husband can be arrested if he does not pay expenses by not complying with the court’s orders. the law will be equally applicable to both the husband and wife.
Justice Jamal Mandokhail inquired if the wife insists on not living with her husband and will not obtain khulla too or husband insists he will neither keep her with him nor will divorce her then what will be done
AAG Munawar Gul Dogal told the court the arbitration council can resolve the matter in this situation. The court adjourned the hearing of the case till first week of April.