Know the Legal Talaq Procedure in Pakistan By Expert Family Case Lawyer

Short Process of Talaq in Pakistan:

If the contention that talaq procedure in Pakistan and procedure of talaq in Pakistan or Khula' cannot be granted without restitution of dower and other benefits, is accepted, then a destitute wife, who is found otherwise entitled to Khula', will stand deprived of the right simply because of her incapacity to return the benefits, which will be highly unfair and against the spirit of law and justice. Wife, in the case of talaq procedure in Pakistan and talaq procedure in Pakistan admittedly lived with the husband for over one and half year, such living can be treated as sufficient reciprocal benefit received by the husband for a dower of Rs.42, 000. Wife who belonged to a lower class, seemed to be not in a position to pay the amount particularly after undergoing the litigation for two and half years, Family Court, taking into consideration the overall facts of the case, had rightly considered proper to dissolve the marriage by way of Khula without ordering restoration of dower, it was within the discretion of the Family Court, and therefore, the decree could not be termed as without lawful authority so as to warrant interference of the High Court under its Constitutional jurisdiction. 

Transfer would take effect as a gift in talaq procedure in Pakistan:

 Gift by a Muslim would become complete, if declaration was made, gift was accepted expressly or impliedly by or on behalf of donor and delivery of possession of subject- matter by donor to donee took place. Upon fulfillment of such three conditions, neither any writing would be required to complete gift nor would any document acknowledging transfer of property by way of gift require registration. 

Husband asserting payment, but wife denying receipt of dower was challenged. Husband had to prove payment, as onus of proof would always lie upon the person alleging a fact in case of talaq procedure in Pakistan and Procedure of talaq in Pakistan Would remain as dower, neither would it undergo any change nor would it be transformed into a civil liability in case it was snatched or taken back forcibly from wife by husband.

Muslim Family Laws Ordinance:

 Neither Muslim Family Laws Ordinance, 1961 nor provisions of West Pakistan Family Courts Act, 1964 had provided either impliedly or expressly that when dower paid was snatched by husband then for its retrieval, wife would have to make recourse to the Civil Court. Dower paid to wife and snatched by husband would automatically restore his liability to repay same and it would remain as a dower due to wife, triable by Family Court alone. Once dower was paid, then it would become the property of wife as her complete domain was established over it. Act of its snatching would amount to the disposal of her property and Dower paid and snatched by husband. Dower Family Court alone would have jurisdiction to take cognizance for the recovery of the same. Appellate Court exercise had committed legal error by refusing to exercise jurisdiction vested in it with regard to dower. Impugned judgment and decree reversing judgment and decree of Family Court with regard to recovery of dower and directing plaintiff to have recourse to Civil Court for its recovery was held to be without lawful authority. Impugned judgment and decree of Appellate Court, was set aside and it was directed to decide entire case/appeal on merits. Practice of transferring land in favor of wife in lieu of dower not uncommon between families.  Dower could not be split up in two parts and in case of talaq procedure in Pakistan wife was always bound to return all the benefits which she had received on account of marriage from her husband because would cause every right to fall or cease which either party had against the other depending on marriage.