Best Way Of Divorce In Pakistan
Divorce In Pakistan:
In Pronouncement of divorce
in Pakistan according to Shia Law the trial court on basis of evidence led
by parties reaching conclusion that pronouncement of divorce in Pakistan made
by husband or wife did not conform to requirements of Shia Law in as much as it
was not heard by two Adult males and, therefore, lady could not be said to have
ceased to be his Wife. Finding of fact recorded by Trial Court and endorsed by
Appellate Court not shown to have been arrived at as a result of misreading of
evidence based on no evidence. Interference declined by High Court in
Constitutional jurisdiction. Omission by husband to give notice of talaq to
Chairman of concerned Union Council renders divorce in Pakistan ineffective in
the case of dissolution of marriage in Pakistan by the way of khula in
Pakistan.
Lawyer In Lahore Pakistan:
In suit for dissolution of marriage in Pakistan by wife
and for conjugal rights by husband the constitutional petition by wife by filed
through lawyer in
Lahore Pakistan. Wife had expressed her hatred by saying that she wanted to
spit on her husband. Wife maintained her such aversion and deposed the same on
all the occasions including in her plaint, her written statement in the suit
for conjugal rights by her husband, in her statement before Family Court, in
appeal filed before District Judge and her statement in person in
Constitutional petition before the High Court through her lawyer in Lahore
Pakistan.
It was held that Courts could otherwise in case of wife's failure to
prove the grounds for dissolution of marriage in Pakistan see that she had a
right of Khula in Pakistan. Courts were under a duty of law to pass a judgment
on said factum. Failure of Court to do so would tantamount to misapplication of
their mind to the Injunctions of Islam in respect of right of Khula in
Pakistan, and being not in conformity with law. High Court set aside the order
of Family Court and that of Appellate Court having been passed without lawful
authority and Jurisdiction, accepted the wife's Constitutional petition and
decreed the wife's suit for dissolution of marriage in Pakistan on the basis of
her right of Khula in Pakistan and dismissed the suit of husband for
restitution of conjugal rights.
Dissolution of marriage in Pakistan:
In the suit for Dissolution of marriage in Pakistan
husband pronouncing divorce in Pakistan but abstaining from giving a notice.
Chairman, should be deemed to have revoked the pronouncement. Provisions of
sub-section (G) of S. 7 of the Ordinance preclude a, divorce in Pakistan from
being effective for a certain period and within that period. Consequently, it
could not be said that marital status of the parties had in any way been
changed; parties still in law continue to be husband and wife. Dissolution of
marriage by way of Khula in
Pakistan and Mubara't proceeds on the wishes of one party culminating in a
settlement between the parties and as such the Statute takes over even where
parties have by a settlement arrived at dissolution of marriage in Pakistan.
Requirements of provisions of S. 7, in such case, have to be observed was
claimed by the lawyer in Lahore Pakistan of wife
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