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Divorce & Khula Procedure in Islam

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Divorce & Khula Procedure in Islam

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Divorce and Khula Procedure in Islam:

To know the khula procedure in Islam and divorce procedure in Pakistan you may contact Jamila Law Associates. The Khula in Pakistan is right of Every female. But here you need to know the Islamic view for khula procedure in Pakistan & Khula Process in Pakistan. In contrast, the wife filed suit under S.2(i) (iv) of the Dissolution of Muslim Marriages Act, 1939. Judgment passed by the Family Court was not sustainable in the eyes of the law for khula procedure in Islam and divorce procedure in Pakistan.

Judge of High Court for Khula Case:

Single Judge of High Court confined himself to the claim of wife qua her dower. It set impugned judgments/orders aside. The case was remanded to the Family Court for a fresh decision after hearing the parties and conducting a regular trial on framing issues from divergent pleadings.  Wife filed suit for dissolution of marriage before Family Court on the grounds of cruelty, non-payment of maintenance allowance, non-performance of marital obligations, and in the alternative on the ground of Khula according to khula procedure in Islam and divorce procedure in Pakistan.

Conjugal Rights:

 Husband filed suit for restitution of conjugal rights and moved contempt applications on the ground that wife had contracted a second marriage during the appeal’s pendency. Family Court passed a decree for dissolution of marriage on the ground of Khula, without return of dower amount as consideration for Khula, and suit by husband for restitution of conjugal rights was dismissed. The wife had averred in her objection and statement that ornaments were snatched away from her by the husband. He did not dispute the version of wife in cross-examination, which amounted that he had admitted said fact. Witnesses had also supported the version of a wife.

Divorce Procedure in Pakistan:

Regarding the khula procedure in Islam and divorce procedure in Pakistan the family Court, in the circumstances, had rightly appreciated the evidence of parties in its true perspective Decree for dissolution of marriage could be passed without consideration for Khula, and it was not lawful for a husband to take back anything from his wife, particularly when Khula was due to some fault on the husband’s part. In the present case, the husband’s fault was that he had snatched away ornaments and turned her out from his house, which the evidence fully fact.

Family Court:

Family Court had not committed any illegality while passing a decree for dissolution of marriage on the ground of Khula without consideration. The record had revealed that service upon wire was effected after contracting second marriage by her. Appeal, as well as contempt application, was dismissed in the circumstances.

Maintenance:

 S. 2(i). Maintenance allowance, recovery of deferred dower. Petitioner was the ex-husband of the respondent, and he was aggrieved by judgment and decree passed against him by Trial Court and Lower Appellate Court.

Dissolution of Marriage by Death:

 Deferred dower became due after the dissolution of marriage either by death or divorce according to khula procedure in Islam and divorce procedure in Pakistan. Marriage between parties was dissolved. Therefore, deferred dower had become due on par petitioner. The wife could claim dissolution of marriage even other than the ground of Nua Respondent sought dissolution of marriage on the grounds of non-payment of maintenance allowance, and she successfully proved the same. Courts below WE not right to direct the respondent to forego her dower.  For the Khula Guidance, we are here available. After Khula & Divorce, we will provide you the verified divorce certificate Pakistan Nadra.

 

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