Best Guidelines to Know the Divorce Procedure for Overseas Pakistani

Overseas Pakistani Divorce Procedure:

Record also showed that the alleged marriage was not performed even in the district where the lady was ordinarily residing rather, hundreds of miles away from her place of ordinary abode Stated marriage was registered and performed in a mosque, where no relative, friend or any other acquaintance of the bride was present, therefore, in such a situation, the evidence of lady which withstood the test of cross- examination was sufficient to convince that she did not enter into contract of marriage out of her own free-will in exercise of her right of option as she can follow divorce procedure for overseas Pakistani and procedure of divorce for overseas Pakistani. Lady, therefore, succeeded in discharging the onus of the issue and thereupon the burden shifted to the man to rebut the same through evidence that marriage between the parties was validly and lawfully performed by the lady in exercise of her free-will being the major, who consented for the same and thereby entered into the contract of marriage by performance of marriage. Man, in peculiar facts and circumstances of the case, was obliged to have proved the factum of performance of a valid and such onus on him could not have been successfully discharged unless the witnesses of marriage and other witnesses in whose presence lady allegedly appointed the cited witness in the marriage to act her lawyer for marriage, was produced, which in the present case was completely wanting.

Material evidence in the case having been misread:

Material evidence in the case having been misread, misconstrued and misapplied by the lower forums i.e. Family Court and the Appellate Court, by upholding the marriage as valid one, interference of High Court in exercise of its constitutional jurisdiction for divorce procedure for overseas Pakistani, was very much called for to rectify the manifest error committed by them in the exercise of their jurisdiction. Respondent seeking declaration that divorce procedure for overseas Pakistani having been obtained forcibly is voidable and is liable to be cancelled and he continued to be the husband. Therefore, such a suit is tried exclusively by the Family Court. Any declaration as to the status where one party alleges marriage and the other denies, it would amount to decree for cancellation of marriage. A suit seeking the relief of cancellation of divorce procedure for overseas Pakistani and procedure of divorce for overseas Pakistani on the ground that it was obtained from the husband forcibly was maintained. It is, therefore, clear that the relief claimed in the suit in pith and substance relates to dissolution of the marriage or cancellation of marriage therefore, it falls within the jurisdiction of the family Court.

The object of the W.P. Muslim Family Courts Act, 1964 is to give exclusive jurisdiction to' the Family Courts in all matters relating to marriage. A suit for affirmative declaration about existence or subsistence of marriage is as much a suit relating to marriage as a suit for the negative declaration. The wider meaning of the expression "Jactitation of Marriage" will therefore, advance the object of the Act. On principle also there appears to be no difference between cases where the party aggrieved against the false claim comes to the Court first or the other party invokes the jurisdiction of the Court. There seems no reason why a suit for cancellation of marriage will not include a suit for declaration by a person falsely posing that he is the spouse of the defendant. Any declaration as to the status where one party alleges marriage and the other denies amounts to a decree for cancellation of marriage. Legislature by providing that suits for divorce procedure for overseas Pakistani would be exclusively tried by Family Court has conferred jurisdiction on that Court to also examine validity of marriage one way or the other.