Let Know Easy Way For Court Proceedings of Divorce Procedure in Pakistan

[Haris Butt]

Court Proceedings of Divorce Procedure in Pakistan:

 If you want to conduct the court proceedings of divorce procedure in Pakistan or khula in Pakistan law, you may contact Jamila Law Associates. First of all, Know the Divorce Law in Pakistan to get the Divorce in Pakistan. The procedure of Divorce in Pakistan & Divorce Process in Pakistan is Not a very difficult. Here u Need to Know the way of Divorce by Wife in Pakistan. Besides, even if other female relatives of the father were looking after the minors, they were not Substitute for a birth mother after the divorce procedure in Pakistan or khula in Pakistan law.

High Court:

High Court directed that the father was to hand over the custody of the minors to the mother. However, he may approach the Guardian Court for claiming custody of the minors if s0 desired. The constitutional petition was allowed accordingly. All the matters that fell within the First Schedule of Family Courts Act 1964 including custody and guardianship matters was upheld.

Guardians and Wards Act:

In the present case, the application for custody of minors filed under S. 25 of Guardians and Wards Act, 1890 was returned for presentation before the appropriate forum for the divorce procedure in Pakistan or khula in Pakistan law. The constitutional petition was allowed accordingly.  Power of Shariat Court to review its order. Shariat Court ordered to deposit necessary expenses for the issuance of the proclamation. Still, no one appeared on the date fixed, and the appeal was dismissed for non-prosecution and non-compliance with the court's order.

Appeal:

 Application for restoration of appeal/review for setting aside the order of Shariat Court was filed, which was also dismissed. For the performance of its functions, Shariat Court had powers vested in the High Court while exercising revision, appellate and original civil and criminal jurisdiction on the divorce procedure in Pakistan or khula in Pakistan law. Shariat Court had powers to conduct its proceedings and regulate its procedure in all respects as it deemed fit. Said court also had the power to review any decision made or order passed by it.

Khula in Pakistan law:

Shariat Court on the divorce procedure in Pakistan or khula in Pakistan law had held on the one hand that the order impugned sought for review was appealable and, on the other hand, had observed that jurisdiction vested for review of judgment was minimal and quite different to that of appeal. The appeal was dismissed for non-prosecution as well as for non-compliance of the order of the Shariat Court, which was not justified. Shariat Court was required to dismiss the appeal only for non-prosecution if the appellant was not present on the divorce procedure in Pakistan or khula in Pakistan law.

Shariat Court:

When two penal provisions were applicable, then less stringent provisions should be applied. Shariat Court was competent to treat the review petition as an application to restore the case dismissed for non-prosecution. The case was remanded to the Shariat Court for decision afresh and for passing a speaking order. it accepted the appeal in the circumstances.  The father of the minor had died, and the mother had contracted a second marriage after the divorce procedure in Pakistan or khula in Pakistan law. Minor was in the custody of maternal grandparents.

Papers For Custody:

Application for custody of minor filed by paternal grandparents was accepted because evidence of respondents (paternal grandparents) was not subjected to cross-examination. The first application for custody of the minor was dismissed on merits, and it held that the welfare of the minor was with the mother.