Legal Guidelines For Process And Procedure Of Khula In Pakistan


 Khula Process In Pakistan:

 Finding of fact recorded by Family Court that husband subjected wife to habitual cruelty and it was impossible for them to live together as husband and wife. Held, Khula decree in such case would not be open to interference in writ Jurisdiction and husband's writ petition merited dismissal. No possibility of happy union. Marriage on ground of khula process in Pakistan is permissible when there is no possibility of happy union between couple and due to their extreme differences they cannot live together within limits prescribed by Almighty God.  Whether ground of khula process in Pakistan was available was to be checked by the court. Khula process in Pakistan is an acknowledged as kind of divorce in Pakistan. It’s pronounced by Court on satisfaction that on account of aversion of wife against her husband, it was impossible for spouses to re-conciliate and. live harmonious life within limits ordained by Allah. Circumstances in this case lead to an inference that respondent, in no circumstances, was willing to go back to her husband. Held, evident inference flowing from inflexible attitude of wife reflects that she has developed aversion and hatred against her husband and it is conducive to future of parties to allow their separation by Khula process in Pakistan.

Appeal Dismissed :

 Appeal dismissed. between spouses was not possible. Wife's personal statement that amicable life between spouses was possible would be sufficient to satisfy conscience of Court. Held, Khula granted on wife's statement was unassailable and it could not be disturbed in writ jurisdiction. Conscience-Sufficient evidence was required. Marriage on ground of Khula is accepted. Court must satisfy its judicial Conscience that there was sufficient evidence to conclude that wife justifiably developed aversion against her husband. Circumstances constituting wife's aversion may vary from Case circumstances must be enough to satisfy that there was reasonable ground for developing aversion for wife against her husband. Held, in present case evident inference from inflexible attitude of wife, reflected her aversion and Khula granted to her did not attract interference in appeal but substance of such cruel behavior/conduct of husband. Finding of Family Court on issues relating to cruel behavior/conduct of husband and Khula granted to wife supported by evidence on record would not be open to any exception in writ jurisdiction. Adverse finding against wife on questions of cruelty and immoral character of husband was checked by court. Adverse findings against wife on questions of cruelty and immoral character of husband cannot disentitle wife to Khula. Fact that wife with nine children from husband is seeking dissolution would strengthen, rather than weaken, wife's case for Khula.


Khula Decree In Circumstances:

 Held, Khula decree in Circumstances of case was unexceptionable and did not attract interference in writ jurisdiction. Spouses would entitle wife to grant of Khula. It is not necessary for Write to prove reasons and circumstances justifying her aversion and hatred towards husband. Husband would not be entitled to return of benefits if no demand was made by him. Divorce in Pakistan on ground of Khula is discretionary with Court. Once it is established that it is not possible for a wife to live with husband within limits prescribed by God, they should be separated by dissolving marriage on basis of Khula as otherwise it would be forcing spouses to live in a hateful union. It is not necessary in law that a particular type of evidence must be produced by wife to prove that parties cannot live together as husband and wife. Wife was not prepared to live with her husband would be enough proof of her determined aversion.

About Nazia Law Associate:

 Nazia law associate is the best  best platform for khula in Pakistan. The Khula in Pakistan is not a impossible process but just a difficult task. Procedure of khula in Pakistan is just a time taking process. To know the latest procedure of khula in Pakistan and khula procedure in Pakistan visit our site and contact our divorce lawyer in Pakistan. The services of our law firm related process of khula in Pakistan and procedure of khula in Pakistan is best and good as compare to other law. So If you get khula you will able to do to a second marriage in Pakistan. Kindly don’t waste your time.

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