Talaq According To The Hadees And Holy Quran:
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. 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.
Procedure Of Talaq In Pakistan :
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. 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.
Iddat Period :
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.
Nazia Law Associate
Advocate nazia is the best
divorce lawyer in Pakistan for the services of all legal case especially procedure
of talaq in Pakistan and talaq procedure in Pakistan. Nazia law associate is
the best way and path for you to know the talaq procedure in Lahore Pakistan.
After the talaq or law firm provide the talaq certificate. So kindly don’t waste
you time. If you have any question about procedure of talaq in Pakistan and
talaq procedure in Lahore Pakistan kindly visit our site and freely call
advocate nazia.
Comments
Post a Comment