Khula Procedure In Pakistan - Best Khula Lawyer In Lahore Pakistan (2019)
Wife is entitled to Khula
procedure in Pakistan as of right, if she satisfies the Court that she had
developed fixed aversion towards the husband during khula procedure in Pakistan
the court will issue decree in the favor of female. Refusing the divorce in
Pakistan would mean forcing her into a hateful union. Khula procedure in Pakistan
claimed due to fault of husband. Wife in lieu of 'Khula' would not be liable to
restore dower or other benefits received by her at marriage's time from
husband. No bar to allow amendment for seeking the divorce in Pakistan on the
ground of Khula, even if she had previously failed to claim as such. Because
right to seek and secure such divorce in Pakistan by exercising the right of Khula by a Muslim
married lady is recognized by Islam and the same can be claimed at any stage of
the proceedings. Khula procedure in Pakistan is provided to woman as against
right of divorce vested in man. Trouble, if arises from the side of woman, the
man is given power to divorce her and if injury is from the man's side, to
woman is given right to obtain Khula which she exercises subject to restoration
dower.
Consideration for dissolution of marriage would be remission of dower
amount by wife, if not received or its payment, if received. All bridal gifts
given to wife before or after marriage would not be returned to husband. Wife,
who did not bother to live with her husband and perform her marital
obligations, was not entitled for grant of maintenance allowance. Application
for recovery of maintenance allowance was accepted. Muslim Family Laws
Ordinance, 1961 being silent with regard to past maintenance, the Court, while
interpreting the statute, must keep in mind intention of the Legislature. Wife,
who did not bother to live with her husband and perform her marital
obligations, was not entitled for grant of maintenance allowance. Application
of wife, who lived separately and had not performed marital obligations in
spite of decree for restitution of conjugal rights in favor of husband, was
rightly dismissed by District Officer (Revenue) and thus called for no
interference by High Court in Constitutional petition.
Cruelty-Need not be of
such nature as causing reasonable apprehension that it would be harmful. Need
not be of such nature as causing reasonable apprehension that it would be
harmful for petitioner to live with other party. Act committed with intention
to cause suffering to other party is cruelty. Social status of parties is
relevant consideration. Cruelty cannot be judged from solitary incident. Mental
cruelty is also cruelty. Doctorate holder working in U.S.A. Alleging that
attitude of Wife was not cordial and cooperative causing him mental cruelty.
Wife was returning back to India. Preventing entry of petitioner in house when
he came to persuade her to return also filing criminal complaint against
petitioner and his mother was cruelty. Married life of parties even as per wife
was not happy. Incidents throw insight in past conduct of wife Husband held
entitled to divorce in Pakistan. Ground of 'cruelty' is distinguished from
ordinary wear and tear of family.
Evidence led in support of averments made in
petition clearly show that it is not cruelty but sensitivity of wife with
respect to conduct of husband. Decree for divorce cannot be granted. Wife had
right to seek dissolution of marriage on the ground of Khula' in extreme
circumstances. Such right is not absolute and no blanket authority is given to
wife for automatically denouncing marital bonds. Right of Khula is reasonably
controlled and is dependent upon scrutiny by Court' competent to decide the
matter after properly satisfying itself about existence of reasonable
circumstances on which separation is being claimed, so as to terminate sacred
relationship of the spouses.
Advocate Nazia is the most and on demanding khula
lawyer in Pakistan. She know the procedure of khula in Pakistan & Khula
Procedure in Pakistan very well. Ita a big a good time for you. So contact
advocate naiza for khula in Pakistan.
Comments
Post a Comment