Easy Procedure Of Talaq In Pakistan | Nazia Law Associate

Procedure Of Talaq In Pakistan:

 Every Muslim know the universal principles of Islam and there was no need to refer to any verse of Holy Qur'an or to any "Hadees" of Holy Prophet (P.B.U.H). Husband had already divorced plaintiff by way of procedure of talaq in Pakistan, thus, she was not entitled to maintenance. Plea raised by husband in written statement dated 14-11-2002 was that he had already divorced plaintiff by way of procedure of talaq in Pakistan, thus, she was not entitled to maintenance. Passing of ex parte decree by family court due to failure of husband to produce evidence was valid. Photocopy of divorce deed filed before High Court did not show its date of execution except purchasing of its stamp paper on 5-4-2002. Plea of husband was that he had announced Talaq orally in presence of witness in October, 2001, which was reduced in writing subsequently; and that oral procedure of talaq in Pakistan would become effective despite non-issuance of certificate of Talaq.

Certificate Of Talaq:

 Wife's plea was that alleged divorce deed was a fake/ forged document, which was neither produced before Family Court nor sent to Union Council for issuance of certificate of Talaq and that husband had maneuvered same just to avoid payment of decreed amount. All such facts would show that husband was only gaining time to avoid payment of amount of decree, which had become final. High Court decline to give finding on such factual issue, which husband might rise before Executing Court, if so advised. Impugned judgment and decree did not suffer from any illegality. High Court dismissed Constitutional petition in circumstances. Defendant presented Fatwa on the back of the affidavit and claimed that procedure of talaq in Pakistan had not taken effect. Fatwa on the back of the affidavit stated that defendant had to cohabit during the lddat period for the Talaq to be considered same ineffective. Although the notice of revocation was served within the lddat period the fact that the parties did not retire had made the procedure of talaq in Pakistan effective. It was mandatory that after revocation of divorce there should be co-habitation, in absence of which and after expiry of ninety days period after pronouncement of divorce, it might be Divorce-Revocation of-Cohabitation. Bayan, Ahsan or Hassan, the divorce would become effective. Plaintiff and defendant had admitted that there had been no cohabitation. Defendant had pronounced divorce three times and had forfeited his right to claim her as his lawfully wedded wife. Any affidavit claiming that the three time pronouncement was a mistake was a bit late in the day for rectifying his mistake.

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High Court Declined Petition:

 High Court declined petition, which was interference in Constitutional dismissed. She was not entitled to maintenance amount after Iddat period. Plea raised by husband was that suit for maintenance of the plaintiff (wife) was decreed but she was not entitled to maintenance amount after lddat period and that husband did not avail any of the dowry articles, as he had passed most of his time abroad. Since the Iddat period of the plaintiff had elapsed, therefore, she was not entitled to the maintenance after lddat. Remittance from abroad had established that husband had remitted greater amount than the decreed amount, and wife was not entitled to recovery of dowry articles. Husband had left for abroad soon after the marriage and did not avail any of the dowry articles which remained in the use of the plaintiff (wife). High Court while partly allowing the Constitutional petition set aside the judgment and decree to the extent of recovery of dowry articles and maintained the judgment and decree for maintenance allowance and decided the procedure of talaq in Pakistan to be valid.