Last Updated on October 18, 2022 by Hamna Nouman
Khula and Dissolution of Marriage By Party decree:
If you need any assistance in the process of khula in Pakistan or dissolution of marriage Party decree you may contact Jamila Law Associates. Sub-section (3) of Section 13 further says that ‘where a decree relates to the payment of money and the decrial amount is not paid within. The time specified by the court, if the court-court directs, the same shall be recovered as arrears of land revenue, land on recovery shall be paid to the decree-holder in process of khula in Pakistan or dissolution of marriage Party decree. For Dissolution of Marriage in Pakistan, U need to Know The Complete Dissolution of Marriage Law in Pakistan. The Dissolution of Marriage process is Very Simple & Clear.
Family Court:
The whole scheme of the act relates to the Family Courts, how they are established and what powers they are invested in. It lays down a particular procedure under which the Courts are to perform their functions. Section 15 allows the Family Courts to summon witnesses, whereas Section 16 enables them to punish their contempt. A particular procedure relating to appearance through agents and court-fee is framed for process of khula in Pakistan or dissolution of marriage Party decree.
Civil procedure:
The provision of the Civil Procedure Code except for a few sections and the Evidence Act is made not applicable to them. However, the requirements of the Muslim Family Laws Ordinance, 1961, and rules framed there under are made applicable. Family Courts Act, 1964 is enacted to create a Special Court for the decision of matters mentioned therein; absolute inquisitional jurisdiction is given to Family Court by the introduction of a particular procedure. Under this Act, Family Court has to regulate its proceedings by the provisions of this act for process of khula in Pakistan or dissolution of marriage Party decree. The premise is that every procedure is permissible unless an explicit prohibition is found in the law.
Process of Khula In Pakistan:
Regarding the process of khula in Pakistan or dissolution of marriage Party decree family Court can exercise its powers to prevent the course of justice being deflected from the path.’ The WPW.P. Family Courts Act, 1964, aims to shorten the agony of litigating parties and provide them justice as early as possible. The object of exclusion of CPCC.P.C., and Qanun-e- Shahadat Order, 1984 was to avoid technicalities by giving a short, simple, and speedy methodology for settlement and disposal of disputes relating to family matters. Family Court could adopt any procedure neither illegal nor expressly barred by West Pakistan Family Courts Act, 1964 nor offends any parties’ right. A special law.
Family Courts Act:
Family Courts Act, 1964 was enforced with a vivid object to take out the matters falling within the ambit of Family Court from the ordinary regime qua dispensation of justice and expeditious disposal of such cases of process of khula in Pakistan or dissolution of marriage Party decree. A unique forum was created where rigors of procedural implications and the requirements of evidence law were either dispensed with or simplified, enabling the parties for amicable settlement of their disputes. WPW.P.
special law:
Family Courts Act, 1964 is a special law meant to cater to specific objects and particular kinds of cases strictly covered by items mentioned in Schedule. Civil Courts were the Courts of inherent and plenary jurisdiction competent to adjudicate all disputes of civil nature between litigating parties but such jurisdiction in terms of S. 9, CPCC.P.C., had been Ousted either expressly or by necessary implication for process of khula in Pakistan or dissolution of marriage Party decree.
Read more: Let Know Guide On Khula and Dissolution of Marriage by Death
