Separation and khula Procedure in Pakistan:
If you want to be separated through khula procedure in Pakistan or Nadra divorce certificate you may contact Jamila Law Associates. Husband is not allowed to reap the benefit of his fault; even otherwise given the dissolution of marriage by khula procedure in Pakistan or Nadra divorce certificate, the decree of restitution of conjugal rights is legally ineffective.
Word ‘Khula’:
Word ‘Khula’ should be construed as subject to the presumption that legislature does not intend. General language to subvert established principles of Shariah on the subject and has left it for the Family Court to decide whether to dissolve the marriage between the spouses on the ground of Khula or not. Family Court dissolves the marriage between the parties without specifying whether a marriage written statement is a resort on Khula’s ground otherwise through khula procedure in Pakistan or Nadra divorce certificate.
Family Court:
Plaint of wife revealing that she had not at all asked for Khula divorce, but had merely sought divorce on the grounds of cruelty, non-maintenance, non-payment of dower, desertion/ separation of more than one and a half hear and failure from husband to perform his marital obligation without any reasonable cause Family Court rightly dissolving between Spouse in pre-trial conciliation-proceeding by invoking the proviso to Section 10 but were Wrong.
The point of restoration of dowered property because neither case would proceed only for adjudging entitlement of husband to the restoration of Haq Mehr nonissue of dower would become redundant. Still, it would proceed for proper determination of entitlement of both the parties to receipt of dower even if marriage was dissolved on the ground of Khula through khula procedure in Pakistan or Nadra divorce certificate. Family Court can dissolve marriage based on Khula even without any compensation when it finds that Khula is being claimed due to fault on the husband’s part.
Nadra Divorce Certificate:
Regarding the khula procedure in Pakistan or Nadra divorce certificate, the decree of dissolution of marriage attains finality, the terms of which can neither be entered nor modified in a subsequent suit. Wife not preceding for a claim of dower as such she cannot be deprived of the same. The Legislature conveys an expressed intention that the proviso to subsection(4) of section 10 (requiring the wife to restore to husband the Haq Mehr received by her in consideration of marriage at the time of marriage) shall be applicable only on those cases in which the Family Courts grant decree on the ground of Khula.
Family Court:
“Family Court is obliged to pass a decree in a suit for dissolution of marriage forthwith restoring the husband to dower receives my wife in consideration of marriage. Aim of such Provision is to expedite disposal of dissolution of marriages at the pre-trial reconciliation stage via khula procedure in Pakistan or Nadra divorce certificate. If the Court or parties do not avail such stage and matter consented based on evidence, then passing the decree by invoking the power under proviso to section 10(4) would be the discretion of the Court. If Court decides parties desire that upon failure of conciliations efforts, instead of passing decree matter should be decided on merits by reasonable judgment, then proviso to S. 10(4) would have applied.