There is the well known incident in the case of Jameela, wife of Sabit Bin Kais, who hated her husband although the husband was extremely fond of her. It is said that Jameela requested the Holy Prophet to get her husband to divorce her on her giving him her garden. Sabit Bin Kais was very ugly and Jameela, his wife, is reported to have said “if I had no fear to God, I should have struck him on the face whenever he approached me”. Thereupon the Prophet asked Sabit Bin Kais to take back the garden and divorce Jameela. This illustration shows the recognition of the Prophet of the rights of a Muslim wife to ask for divorce or dissolution of marriage when it was shown that the parties could not live within the limits of God.
In 1986 (1) Cur CC 240 (1) (Pak) (SC), a Pakistan case is reported, wherein it is stated thus :
“In cases of dislike by the wife of her husband, Islam concedes the right to the wife in circumstances of extreme discord and where life becomes torture for both, on account of the fixed a version on the part of the spouses, to see dissolution of marriage on the ground of Khula. This right however, is not an absolute right by which the wife can herself dissolve the marriage but is a controlled right. The success of the right depends upon the Quazi’s reaching the conclusion that the spouses cannot live within the limits of God.”
15. In view of the discussions made above, it is manifest that the marriage between the parties has irretrievably broken down and on this score too, a wife is entitled to the dissolution of marriage, which is covered by the residuary ground as envisaged in Section 2(ix) of the Dissolution of Muslim Marriage Act, 1939, which runs thus :–
“2. ……
(ix) On any other ground which is recognised as valid for the dissolution of marriages under Muslim Law.”
In the aforesaid connection, reference may also be made to Mohammed Usman v. Sainaba Umma, AIR 1988 Ker 138.
