Legal Khula Process In Pakistan, Khula (Divorce) Law

Khula Process In Pakistan:

 Appreciation of evidence could not be undertaken in exercise of Constitutional jurisdiction in khula process in Pakistan. Question rose being related to appreciation of evidence petition was dismissed in khula process in Pakistan but it can be permitted on the satisfaction of the judge or court. Gulf in relationship between parties expressed in terms of hatred and despite entertained by wife against husband and chances of reconciliation found completely eliminated. It was held that khula process in Pakistan is to be obviously enforceable. Husband was given three opportunities to produce evidence in defense of suit but husband not availing of these opportunities. Suit for dissolution of marriage on ground of khula process in Pakistan was right of wife. Family Court observing on husbands evidence that husband simply wanted to prolong litigation as he had not utilized three opportunities given to him. Khula decree challenged with contention that husband was not given proper opportunity and was arbitrarily deprived of his right of submission of written statement and list of witnesses. Held, in background of case, observation of Family Court that husband simply wanted to prolong litigation was not unfounded and as such decree of divorce in Pakistan passed after closure of husband's evidence in exercise of power under S. 9 was unexceptionable. Family Court refusing divorce in Pakistan on ground that wife's Suit was prosecuted by person.

Family Court Refusing Khula:

Family Court refusing Khula on ground that wife's suit was prosecuted by person who appeared to be on intimate terms with wife. Additional District Judge while upholding Family Court going by fact that wife had previously married and had also obtained a decree for dissolution of marriage on the base of khula procedure in Pakistan. Held, these were not valid grounds for refusal of Khula when it was not possible for parties to live as husband and wife within limits of Allah. Both parties had five major children but living separately with no possibility of reconciliation. Wife implicated in a false zina case in which she earned acquittal. Wife had acquired aversion against husband. Held, it was a fit case where wife would be entitled to dissolution or marriage on ground of Khula.  Dissolution of marriage. From perusal of findings of Trial Court, it appears that Judge, Family Court, had misdirected himself by not following principle laid down by Supreme Court that whenever relationship between spouses are so strained that it is not possible for them to live within limits prescribed by God Almighty, it is better to annul such marriage. Held: Judgment and decree passed by Family Court are illegal and cannot be sustained. Petition accepted and case remanded. Record does not support her plea. No report about. Abduction did not produce nor any evidence led. It appears from record that petitioner married respondent No. 3 against wishes of her elders who got infuriated and created hurdles between their marital relations. According to her own statement, she is not now vigo-in-tacta and respondent No. 3 had sexual intercourses with her. Held: if parties are allowed to live together without any interference of elders, they will live happily. Petition dismissed. Finding of fact recorded by Family Court that husband subjected wife to habitual cruelty divorce in Pakistan was granted.