Khula Procedure in Pakistan - Let Know Guide on Khula Pakistani Law

[Haris Butt]

Conducting Khula Procedure in Pakistan:

If you wish to conduct the khula procedure in Pakistan or obtain Nadra divorce certificate you may contact Jamila Law Associates. For Khula in Pakistan, U need to Follow the Khula Pakistani Law & Khula Pakistan Family Law. From the Proviso to section 10(4) of the West26.The Pakistan Family Courts Act, 1964, could validly infer that if pre-trial reconciliation efforts failed, the Family Court would pass a decree for dissolution of marriage by khula procedure in Pakistan or obtain Nadra divorce certificate immediately and restore the Haq Mehr "received" by the wife to the Husband.  Plaint of the wife had specifically mentioned that the Haq Mehr amount fixed at the time of the marriage remained unpaid.

Divergent:

When the parties had filed divergent pleadings and had contradictory stands about the payment of the Haq Mehr amount, an order for forthwith restoration of Haq Mehr was not justified. Family Court had rightly settled said issue and required the parties to adduce their evidence to resolve the controversy. The Proviso in question has been inserted by Ordinance LV of 2002 with effect from01.10.2002.

Dissolution of Marriage:

It provides that in a suit for dissolution of marriage instituted through khula procedure in Pakistan or obtain Nadra divorce certificate. the wife on any ground available to her under the law, if constitutional petition fails the family Court shall pass a decree for dissolution of marriage immediately, on return of benefits attained by her under the marriage, so as to release. 

The wife of the marital obligation ensuing from the marriage under challenge pending decisions on other issues. A Family Court will have to frame issues regarding other controversies as alleged in the leading law. According to the Injunction of Islam of sound mind, who has attained puberty, without assigning any cause, may even arbitrarily divorce his ice whenever he desires.

Nadra Divorce Certificate:

Regarding the khula procedure in Pakistan or obtain Nadra divorce certificate such absolute right in Islam has not been so conferred upon the wife.  Secure her right as well, to wriggle out of an unhappy union a wife under the law of the land which is based upon Islamic rule of Khula can seek dissolution of marriage unlike Husband only through a decree of Court and on payment of such consideration fixed by Court, which she has to pay to Husband in the form of the return of benefits attained the marriage. Return of such benefits may include the return of dower or any other articles already received by her.

Real parties:

With real parties and dispose of e of the same by the real intention behind the insertion of the Proviso is to cut short. The process of a protracted trial in suits for dissolution of marriage through khula procedure in Pakistan or obtain Nadra divorce certificate and safe the woman the agony of going through a drawn legal process. “Under the provisions of s. 10(4) of the W.P.

Family Court:

Family Courts Act, 1964, the Court must pass a decree for dissolution of marriage on the failure of reconciliation proceedings and direct the return of "Haq Mehr" received by the wife in consideration or Khula divorce; however, if the husband does not claim the return of power specifically, and implied it would attract waiver on his part and in such eventuality the wife is not obliged even to return the dower.