Direction Of Talaq Procedure In Pakistan:
Wife's statement and terms and
conditions of talaq procedure in Pakistan were also ignored from consideration
by Courts below which had resulted in grave injustice to wife. Case was
remanded to Family Court for decision afresh, on basis of evidence on record,
on its merits. Favor to plaintiff with direction to return the benefits to
husband. Payment of benefits creates a direction contained in the decree can be
enforced by the Family Court itself.. Decree of talaq procedure in Pakistan
with direction to wife for return of benefits to husband would be within scope.
It brings within its ambit all decrees which concern or pertain to payment of
money. Khula decree with direction to wife for return of benefits to husband
would be within scope of s 12(3) and entitles husband to seek execution of
decree for return of benefits. Contention that direction in
talaq
procedure in Pakistan for return of benefits creates a civil liability an
as such husband must resort to Civil Court to recover amount of benefits
rejected as misconceived and based on misconception of reported judgments.
Contention, if accepted, would be against object of Family Courts Act enacted
with a view to shorten litigation between parties in family matters. (ii) If
amount which wife IS required to pay stands quantified, there is no reason as
to why another suit before Civil Court should be necessary for enforcing
direction in Khula decree for return of benefits by payment of quantified
amount.
To be invoked by Wife on Offering Compensation to Husband for Her Release:
Offer to return or repay all
gifts or part of it or even more voluntarily made by wife and accepted by
husband. Khula to be permissible or completion of such offer and acceptance is
valid. Held further: In case of such offer being not accepted by husband,
discretion to be left with Court to pronounce ordering return of gift or
benefits received by wife from husband in consideration of marriage provided
Judge be satisfied regarding there being no possibility of parties living happy
and harmonious married life within limits O God.2 49 compensation and rather.
Wife invoking Khula making no offer of compensation and declining to return
ornaments admittedly given to her by husband at time of marriage was not
maintained. Wife is bound to restore benefits which she had received from
husband in talaq Procedure In Pakistan. . Wife is bound to restore benefits which she had
received from husband in lieu of marriage Court is not called upon to direct
restoration unless a specific demand is made by husband. Order of Court for
restoration in absence of specific demand by husband would be illegal. Husband
is not entitled to return of any benefits. Husband is not entitled to return of
any benefits in case he fails to plead or prove payment of benefits to wife at
time of marriage. Return of benefits which wife had derived on account of
marriage is not a condition precedent to dissolution. Khula decree made
conditional upon return of benefits operates to dissolve marriage when it is passed.
Its effect is not postponed till return of benefits by wife. Direction in Khula
decree to return benefits would create a civil liability for wife. Non-payment
of stipulated consideration of Khula does not invalidate dissolution of
marriage by talaq procedure in Pakistan. Inquiry into terms on which
dissolution shall take place does not affect conclusion that parties cannot
remain within limits of God.
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