An anthropology student shares findings of study conducted on divorce cases filed in a family court of Hyderabad Sindh
Zarmeen Soomro
During a case study related to family issues being heard in a local court of Hyderabad, I found a number of family issues, but the most registered cases pertained to divorce. I will share and discuss the legal methods, types of cases and the information related to these family cases.
There are 5 main types of family issues registered at magistrate court, which is called the family court. These cases relate to divorce, suit for maintenance, suit for custody of children, and suit for conjugal rights and suit for dowry articles.
Divorce case (Dissolution of Marriage)
Divorce is said to be “A sharp edge weapon which cuts both the side.”
There are two ways of dissolution of marriage – first one is talaak (Divorce) which is given by husband and second is khula (Separation) which is sought by the wife through court. The method of divorce in talaak is uttering the word talaak three times, which is compulsory in dissolution of marriage verbally. The other way of talaak is written document. There is no reunion in divorce or khula, but it is said that khula method is one time khula and there is probability of reunion after the fatwa of mufti.
Now a days the ratio of khula cases registered with the family court is high. Khula applications come from elite as well as lower classes of the society. The main causes of such cases in elite class is lack of understanding, psychological and lack of sexual satisfaction. In the lower class, the causes of divorce are food security, physical torture and trust issues. The other reasons of divorce is lack of time, unethical relations, sexual intercourse, culture and traditions.
During the research, I found a lot of cases but the one that bothered me to listen to an applicant in a khula case was ‘unnatural sexual intercourse’. The unnatural act had damaged the applicant’s physical condition and the doctor had also advised the woman against her partner’s such sexual activity but her husband didn’t realize the gravity of situation, and that’s why she decided to take khula.
Another case was of lack of sexual satisfaction and for that reason the wife wanted to seek khula with her husband. The reason behind it was giving proper conjugal rights and another reason was unethical relations.
Another case related to culture and traditions of the society. In this case the wife belonged to elite class, who married in a middle class family. Her husband told her to follow their culture but she was not willing to accept their culture and rules specially of observing pardah (Hijab). That is why she wanted khula.
I also observed the cases of khula involving physical torture and food security. In most cases, the reason behind seeking the khula was lack of understanding, psychological behaviors, and sexual dissatisfaction, and restrictions of culture and society. Here I would share the details of two such cases, however, observing the ethical rules, I will not mention the names. .
In the court of Civil Judge and Family Judge No. 1 Hyderabad, a woman filed the suit for khula and maintenance of two minor children. The woman lived at her parent’s home. The reason of dissolution of marriage was that her husband didn’t fulfil their children’s needs. The court decided in favor of woman and ordered the husband to pay her Rs.5000 per month as children’s maintenance.
In another case, filed at the Civil Judge and Family Judge No. 2 Hyderabad, a woman sought the dissolution of marriage and demanded maintenance of one minor child. This case is related to religious restrictions. The husband belong to Devbandi sect while the woman believed in both Shia and Sunni thoughts. Her husband restricted her to never saw the Shia practices and beliefs like kafla. One day she saw a kafla and also asked her little daughter to come and watch this kafla. The husband became furious and behaved unethically. The woman decided to seek khula and within two weeks the court allowed her khula. The personal ego was the main cause of dissolution of marriage in this case. The court allowed her husband to meet his daughter twice a month through the court.
Now a days 70% cases of khula are registered in court, of which 20% cases are pending. Mostly, the less understanding, physical torture and harassment and the main causes for dissolution of marriages.
Conclusion
I didn’t conduct the research just to collect the data of cases of dissolution of marriages, but to examine the nature of cases, and the environment or the situations the women are going through that make them to seek khula ending the family life.
It’s often argued that women can never develop, but my plea is that one should look at the women development with the broader lenses. If the women have the power and authority, they can change the course of their life. According to my findings, the women got the knowledge of seeking justice only through the media. It means the media can play a pivotal role in awakening of the society. Another finding is the social change in kinship can also bring women’s empowerment.
Read: Why the education has become a burden for students?
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Zarmeen Soomro final year student, department of Anthropology and Archaeology, University of Sindh Jamshoro.
