Dissolution Of Marriage In Pakistan Through The Legal Way (Khula & Divorce)
Dissolution of marriage in Pakistan by husband in form of khula in Pakistan or
mubarat is valid.
Notice of dissolution
of marriage in Pakistan to Chairman is essential. Contention that in case of
dissolution of marriage by husband in form of khula/mubarat, proceedings would
not be necessary Escaping the liability of damages as mentioned in Column No.
19 of Nikahnama onus to prove was on husband in case of dissolution of marriage
in Pakistan. Right of divorce in Pakistan was exercised by husband. Wife claimed
damages on the account that she was divorced without any reason or ground and
was entitled to damages as were mentioned in Column No. 18 of Nikahnama. Family
Court dismissed the suit but Appellate Court allowed the appeal and the suit
was decreed in favor of the wife Validity. The only reason that the husband
divorced his wife that he wanted to avoid the amount of damages as specified in
the nikahnama. Appellate Court had rightly held the husband able under the
condition contained in Column No. 18 of Nikahnama. Revision jurisdiction was
directed against irregular exercise, exercise or illegal assumption of
jurisdiction and not against conclusion of fact or law, not involving question
of jurisdiction. Judgment passed by Appellate Court was reasonable,
conclusions-drawn were based on evidence and were supported by plausible
reasoning and did not suffer from any jurisdictional infirmity, High Court in
exercise of revision Jurisdiction declined to interfere with the judgment
passed by Appellate Court in favour of the wife. Revision was dismissed after
the dissolution of marriage in Pakistan.
Award of maintenance by Arbitration Council as ordered
by District Collector for period when
marriage was subsisting. Husband had divorced in Pakistan to wile on 28.1.1991
when she was pregnant and proceedings before Arbitration Council remained
pending till 6.8.1992 although child was born to wife in August, 1991 and
divorce pronounced by husband had become effective in August, 1991. Divorce in
Pakistan having become effective on the delivery of child. period of
maintenance was to be counted from 28.1.1991 till August, 1991. Decree of
maintenance was however, modified by High Court as the original decree was
based on miscalculation in the case of dissolution of marriage in Pakistan.
Chairman cannot decide question of legality of divorce
in Pakistan said to have been pronounced
by husband nor can he issue question divorce certificate in Pakistan.
Proceedings u/s. 7 is primarily designed towards bringing about reconciliation
between Spouses. With death of husband after communication of divorce notice to
Chairman the question of reconciliation would not arise. Proceedings before
Chairman even if pending would stand frustrated in case of dissolution of
marriage in Pakistan.
Petitioner wife did not make any step to challenge
order of Chairman Union Committee ordering divorce in Pakistan to become
effective and order of Chairman became final, Petitioner agitated the matter in
Constitutional petition after a period of six years. Order of Chairman, held,
could not be allowed to be challenged after such a long time. Cases wherein
transactions had become past and closed due to efflux of time could not be
reopened. Finality had to two Adult males to hear said the divorce in Pakistan
and the case of dissolution of marriage in Pakistan was decided.
Comments
Post a Comment