Legal Way To Get The Khula In Pakistan

Procedure Of Khula In Pakistan: 

Judgment pointing out complications arising from enforcement of S. 7(6) and posing question "Can any law enacted by Modernist legislators remove this complication"? And "Is modern legislation potent enough to change beliefs of people"?  Dissolution of marriage based on exercise of option of puberty and procedure of khula in Pakistan. Family Court and Appellate Court dismissing wife's suit for procedure of khula in Pakistan based on 'exercise of option of puberty and procedure of khula in Pakistan. Both Courts while deciding suit failing to take into account various facts which floated on surface of record. High Court accepting wife's writ petition, setting aside concurrent judgments against wife and directing Courts below for fresh decision of wife's suit of procedure of khula in Pakistan. Husband requesting the Court to get the wife medically examined. Wife showing unwillingness to get herself medically examined. Unwilling person could not be legally compelled to undergo medical examination, at the most an adverse inference could be drawn on account of such unwillingness. Concept of compromise was also taken into consideration.

Concept of compromise in matrimonial solutions, as mandated by Allah Almighty is to be read in Ss. 10 & 12 of Act. Failure of pre-trial conciliation effort and passing of decree by Family Court subject to return of Rs.500 and 5 tolas gold ornaments paid to plaintiff as dower. Suit for dissolution of marriage on ground of Khula was decreed and divorce in Pakistan was finalized. Failure of pre-trial conciliation effort and passing of decree of divorce in Pakistan  by Family Court subject to return of Rs.500 and 5 tolas gold ornaments paid to plaintiff as dower. Entry in Nikahnama showing payment of such dower to plaintiff at time of her marriage had not been challenged by her before any competent forum. Family Court under S. 10(4) of West Pakistan Family Courts Act, 1964 was bound to pass decree upon restoration of dower to husband. Family Court therefore, had passed decree strictly in accordance with law.

Plaintiff had filed Constitutional petition after lapse. Of her of four years, thus, she was guilty of contumacious lethargy, inaction, enforcement Constitutional petition for being devoid of merits and suffering from laches. 3. Presence of counsel for parties-Such presence neither proceeding in presence of counsel for parties. Such presence not required by court. Family Court had exclusive jurisdiction to decide as to how and in what manner such proceedings should be conducted. Appearance of wife in such proceedings was not required. Provision of S. 10(3) of West Pakistan Family Courts Act, 1964 for being neither directory neither required personal appearance of wife nor such appearance was mandatory.

Court under gross negligence in High Court neither dismissed laxity and her right of Conciliation nor required. Necessary Personal Pre-trial conciliation proceedings.18 of the Act could dispense 'with legal requirement of personal appearance of Pardanashin lady and allow her to be represented in such proceedings through her authorized agent. Wife having appeared before Family Court, once or twice, would not be disentitled to avail legal right provided under S. 18 of West Pakistan Family Courts Act, 1964, for all times to come. 5. Reconciliation between the spouses. Petition was directed against notice received by the petitioner/wife from Chairman Union Council informing her about the notice of divorce in Pakistan served by husband and offering reconciliation proceedings under the Muslim Family Laws Ordinance, 1961. 

Both the petitioner/wife and husband were residing abroad and for foreign resident Pakistanis, the law had created a remedy and forum for reconciliation between the spouses under Muslim Family Laws Ordinance, 1961 in the Pakistan Mission in the countries of their residence. Husband should avail that remedy and in case such remedy was not available, then any other competent forum could be approached for relief.