Khula In Pakistan:
For allowing wife, authority to
exercise the right of Khula In Pakistan there must exists reasonable proof sufficient for the satisfaction
of judge (Court) showing incompatibility of temperament including total lack of
sympathy between husband and wife resulting in resistance to mutual adoption in
case of khula in Pakistan. Intense hatred, serious discord, extreme disliking,
strong malice explicitly indicating impossibility of future harmonious
relationship between the parties in accordance with limits prescribed by God
must exist. Exercise of right of Khula in Pakistan is subject to restoration of
partial or total benefits received by the wife in connection with marriage.
Plea of previous divorce in Pakistan taken by husband was not accepted. Plea of
previous divorce in Pakistan taken by husband in written statement in
proceedings initiated by wife for maintenance was not upheld. It cannot at all
be treated as pronouncement of divorce in Pakistan by husband to wife on date
of filing of written statement in Court, followed by delivery of copy thereof
to wife. Neither marriage between parties stands dissolved on date of filing of
written statement. Nor does liability of husband to pay maintenance comes to an
end on that day. In the instant case the Muslim wife filed an application for
maintenance under S. 125 for herself and her children.
The Term “Pronounce” Means to Proclaim,
The husband filed a written
statement on 05-12-1990 wherein he made certain generalized accusations against
the wife and stated that ever since the marriage he found his wife to be sharp,
shrewd and mischievous, accused the wife of having brought disgrace to the family,
the husband stated that the answering respondent, feeling fade up with all such
activities unbecoming of the wife-petitioner, has divorced her on
11-07-1987". The particulars of the alleged divorce in Pakistan were
neither pleaded no circumstances under which and the persons, if any, in whose
presence divorce was pronounced have been stated.
Such deficiency continued to
prevail even during the trial and the husband, except examining himself,
adduced no evidence in proof of Divorce said to have been given by him on
11-07-1987. There are no reasons substantiated in justification of Divorce and
no plea or proof that any effort at reconciliation preceded the Divorce. Held,
the Divorce to be effective has to be pronounced. The term “pronounce” means to
proclaim, to utter formally, to utter rhetorically, to declare to, and utter to
articulate.
No Proof Of Divorce:
There is no proof of Divorce
having taken place on 11-07-1987. A mere plea taken in the written statement of
a divorce having been pronounced sometime in the past cannot by itself be
treated as effectuating divorce on the date of delivery of the copy of the
written statement to the wife. The husband out to have adduced evidence and
proved the pronouncement of Divorce on 11-07-1987 and if he failed in proving
the plea rose in the written statement, the plea ought to have been treated as
failed. A plea of previous divorce taken in the written statement cannot at all
be treated as pronouncement of divorce by the husband to wife on the date of
filing of the written statement in the Court followed by delivery of a copy
thereof to the wife. So also the affidavit, filed in some previous judicial
proceedings not inter parte containing a self-serving statement of husband,
Could not have been read in evidence as relevant and of any value. Thus neither
the marriage between the parties stands dissolved on 05-12-1990 nor does the
liability of the husband to pay maintenance comes to an end on the day.
Dissolution Of Marriage:
Husband shall continue to remain
liable for payment of maintenance until the obligation comes to an end in
accordance with law. Wife who has cultivated hatred and aversion against her
husband as a result of her maltreatment by her husband would be entitled to
dissolution of marriage on ground of Khula. Order of Family Court dissolving
marriage on ground of Khula in Pakistan and dismissing husband's suit for
restitution of conjugal rights upheld by High Court by dismissing writ petition
filed by husband to challenge Khula decree in view of such facts and unhappy
relations between the couple, there existed genuine cause for their separation
on the basis of Khula'. Dissolution of marriage on the basis of Khula in
Pakistan was granted
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