Last Updated on July 29, 2022 by rabiamuzaffar
Khula and 3 Talaq Procedures in Pakistan:
To know the khula procedure in Pakistan or 3 talaq procedure in Pakistan you may contact Jamila Law Associates. The provisions of this Ordinance would be applicable because Ordinance does not envisage that Ordinance would apply. If both parties are Muslim citizens of Pakistan, they may file khula procedures in Pakistan or 3 talaq procedure in Pakistan. The husband who is a USA citizen would be entitled to terminate Marriage by Talaq u/s 7 if his wife is a citizen of Pakistan. 52. 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.
Presence of spouses:
On a plain reading of provisions of section 7, it is obvious that the presence of the spouses is not mandatory by the provisions of section 7 of the Ordinance. All that sub-section (4) of the said section postulates forms the Arbitration Council by the Chairman. Pronouncement of Talaq by Muslim husband. God ordains it in Holy Quran, and it is for comfort, love, and compassion. Divorce, when proceeded from the side of the husband, it is called khula procedure in Pakistan or 3 talaq procedures in Pakistan, and when it is affected by mutual consent, it is called Mubarak” Proof Benefit of the doubt.
Evidence on Record:
If based on evidence on record in a particular case, there remains doubt about whether it gave factually khula procedure in Pakistan or 3 talaq procedures in Pakistan or not; the doubt is to be resolved by the Court in favor of maintaining the marriage rather than dissolving it. Furthermore, the High Court would not lend its discretionary constitutional jurisdiction to dissolve a marriage if the judgment or the judgments of the Family Court declining the relief of dissolution of marriage is supported by the same material on record. Amount mention in Column No. 19 of Nikahnama is not a personal belonging of wife.
Khula Procedure in Pakistan:
Regarding the khula procedure in Pakistan or 3 talaq procedures in Pakistan personal belonging concerning the W.P. Family Court Act, 1964 would include the right to possess, use and enjoy determinable things like dowry, ornaments, gifts, and dower. The personal property referred to in column No. 19 of Nikahnama is not a property in possession of wife, the right to recover only would mature on happening of the incident that husband would through the wife from his house.” 57. Provisions are not repugnant to the basic concept of Islam.
Muslim Family Laws Ordinance:
Provisions of Ss. 7 & 8 Muslim Family Laws Ordinance, 1961, are not repugnant to the Basic concept of Islam and constitute valid subsisting law. In Codifying S. 7, Legislature intends to establish Talaq-e-Bidit and legislate Islamic provisions about two forms of Talaq-e-Sunnat viz. Talaq-e-Ahsan and Talaq-e-Hassan as far as may be. Legislative machinery. Adaptations can be construed therein. A court should be extremely shown according to restricted meaning to Ss. 7 & 8 of the Ordinance and booking the defeat of object of law on account of any technicalities and procedural flaws in the legislation for khula procedures in Pakistan or 3 talaq procedure in Pakistan. 58.
The wife exercises the delegated right of divorce; S. 8 of the Muslim Family Laws Ordinance, 1961 provides that S. 7 of the Ordinance would apply mutatis mutandis. No formal mode for the exercise of the right is prescribed in the Ordinance for khula procedures in Pakistan or 3 talaq procedure in Pakistan. Notice in writing to the Chairman Arbitration Council about the exercise of the right is the only requirement. Wife making pronouncement by executing the deed and transmitting the copies to the husband and the Chairman, Arbitration Council.
Read more: Procedure of Talaq in Pakistan – Nazia Law Associate
