Legal Khula Procedure In Pakistan – best Khula Lawyer In Pakistan
Khula Process In Pakistan:
Wife also blamed her
father-in-law for having made an unsuccessful attempt to outrage her modesty.
Family Court dismissed the suit but Appellate Court allowed the appeal and the
marriage was dissolved on the basis of Khula process in Pakistan. In view of
such facts and unhappy relations between the couple, there existed genuine cause for their
separation on the basis of Khula process in Pakistan. Spouses could not be
forced to live together in a hateful union and within the limits ordained by
God and in such situation judge (Court) was bound to terminate the marriage tie
between the husband and wife. No illegality or jurisdictional defect was pointed
out by the husband in the judgment passed by the Appellate Court. Difference of
temperament between the couple having been found, it was better for them to
separate from each other and dissolve the marriage than to continue to same to
lead unpleasant life. High Court declined to interfere with the judgment and
decree passed by the Family Court in the case of khula process in Pakistan.
Petition was dismissed.
A wife cannot be forced to live with her husband without her consent and
liking.
She need not come out with logical objective
and sufficient reasons regarding her claim for Khula, it is enough to show that
she had developed a fixed aversion against her husband. Quantum of maintenance
of wife in Pakistan for wife had been fixed by the Arbitration Council and
modified by the Revision Authority in the case of maintenance of wife in
Pakistan. Husband, in the present case, had a wife before his marriage with the
second wife; he also had children from the first wife; second wife, in her
petition before the Arbitration Council had mentioned that he had provided a
mobile phone to his first "secret" wife and that he had himself told
her, on more than one occasion, that he had the intention to educate his
children from the first wife in convent school; husband had married a second
wife, leaving his first wife and children; not only that, he had deserted and
subsequently divorced the second wife who had given birth to a son also, out of
her wedlock with him; wife had contended that present was the fit case for
penalizing such an irresponsible husband and the only way the Court could help
in such circumstances was to compel the husband to pay a heavy premium for the
luxury of wives, one after the other, and the punishment should be exemplary in
order to have a deterrent effect on the society.
Khula Process In Pakistan Is Not Difficult Task
Khula in Pakistan is not a
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Maintenance Of Wife In Pakistan
Held, in the absence of any
challenge to the amount of maintenance of wife in Pakistan fixed by the
Chairman, Arbitration Council as upheld by the Revision Authority, High Court
could not increase the same suo motu in the exercise of its Constitutional
jurisdiction. No error of approach or jurisdictional defect having been found
in the impugned decisions, regarding interference in constitutional
jurisdiction, wife was legally entitled to claim maintenance of wife in Pakistan,
she having been divorced by the husband. Portion of the original order which
was untenable in law was declared as without lawful authority by the High Court
and decree to that extent was modified, whereas the portion of the order which
was sustainable was kept intact. For dissolution of marriage with finding on
cruelty and Khula was relevant. For dissolution of marriage with finding on
cruelty and Khula issues in favor of wife. Decree challenged by husband through
writ petition was entertained. Decree for dissolution of marriage was passed.
Order had been passed after evidence was led by the parties which were duly
considered by the Trial Court and, thereafter, decree for dissolution of
marriage was passed.
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