Last Updated on July 27, 2022 by Bilal Uddin
Khula and Dissolution of Marriage Application:
If you need any assistance in cases of dissolution of marriage application or process of khula in Pakistan you may contact Jamila Law Associates. The Union Council has been defined in Section 2() of the Ordinance. It provided therein that “Union Council” means the Union Council of the Town of Union Committee constituted under the Basic Democracies Order, 1959 for dissolution of marriage application or process of khula in Pakistan and having in the matter jurisdiction as prescribed”. “Chairman” has been defining under section 2. 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.
Chairman Union Council:
Chairman Union Council person appointed by the Central or Provincial Government or by an officer authorized on this behalf by any government was legal. Chairman and Union Council have been defined separately in the Ordinance and not synonymously. The word Chairman” cannot be read as including a “Union Council” If a complaint has been filed by the Chairman and not the Union Council, its cognizance is unlawful and liable to be quashed in case of dissolution of marriage application or process of khula in Pakistan. The complaint is not competent according to Rule 21 of Pakistan Rules under Muslim Family Laws, 1961.
Trial Court:
Trial Court in the exercise of powers under S. 249-A, Cr.P.C. acquitted respondent and petitioner did not assail the same. Therefore, the same had attained finality. After the petitioner initiated a proceeding against the respondent by filing practitioner-initiated proceedings, no other criminal proceeding was possible. Plea of husband that the court-court could not take cognizance of the offense on the complaint of the first wife since the Union Council had not itself complained to the court-court. Held said plea was not correct because R. 21 of the [Punjab] Rules for dissolution of marriage application or process of khula in Pakistan made under the Muslim Family Laws Ordinance, 1961 required the submission of a complaint by an aggrieved party”.
Process of Khula in Pakistan:
Regarding the dissolution of marriage application or process of khula in Pakistan the wife was an aggrieved party and sent a written complaint forwarded to the Magistrate by the Administrator, Union Council. The rule did not stipulate whether the complaint was submitted to the court by the aggrieved party herself. The husband marries a second wife without disclosing that he had a subsisting marriage; the second wife is an aggrieved party within the meanings of R. 21. Second wife amongst other also an aggrieved party. “Object, purpose, and scope. 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 in case of dissolution of marriage application or process of khula in Pakistan. For expeditious disposal of such matters, IT created a special forum.
procedural implication:
Where rigors of procedural implication and the requirements of evidence law were either dispensed with or simplified enabling the parties for amicable settlement of their disputes.’ Family Courts Act, 1964 has an exclusive concern with the disputes relating to marriage and family affairs and matters connected in addition to that. Thrum had been provision addition to that to uses for grant of better remedies under this act for dissolution of marriage application or process of khula in Pakistan; the object is to achieve the expeditious settlement and disposal of disputes relating to marriage” and “family affairs.”2.
Read more: Let Know Guide On Khula and Dissolution of Marriage by Death
