Divorce Procedure In Pakistan:
Contention of counsel for
defendant in case of divorce procedure in Pakistan was not legally tenable,
because; the plaintiff not only sought the decree for dissolution of marriage
on the ground of Khula in Pakistan, but she had also pleaded for divorce
procedure in Pakistan on other grounds,
i.e., non-payment of dower, neglecting to perform marital obligations for more
than 3 years; and not providing maintenance for more than 2 years; and also
that the defendant had contracted a second marriage. Ground of the second
marriage had been admitted by the defendant; and sufficient material was
available on the record whereby the rest of the grounds had also been proved. Second
marriage of the defendant was available to the plaintiff for seeking the
dissolution of her marriage and in such circumstances no question arose for
passing a decree on the basis of Khula in Pakistan, as the plaintiff was
entitled to claim the divorce
procedure in Pakistan on such ground. Judgment and decree passed by the
Trial Court, not suffering from any legal defect, much less the jurisdiction
error maintained, in circumstances. Wife's claim for past maintenance was not
accepted. Wife, if unwilling without any lawful excuse, would not be entitled
to such maintenance.
Dissolution Of Marriage:
Suit for dissolution of marriage on the basis
of Khula in Pakistan was validly filed. Wife had categorically stated before
the Trial Court that she had severe hatred towards the husband and was not
ready to live with him under any condition. Such statement on oath coupled with
the failure of reconciliation proceedings was sufficient to dissolve the
marriage on the basis of Khula. Suit for dissolution of marriage on the basis
of Khula
in Pakistan was admitted. Trial Court decreed the suit for dissolution of
marriage on the basis of Khula where after plaintiff filed suit for dowry
articles and dower money. Suit for dowry articles was decreed but Trial Court
dismissed suit for dower money. Appellate Court accepted appeal of
plaintiff/wife. Defendant/husband contended that the plaintiff/wife having
obtained decree for dissolution of marriage on the basis of Khula was obliged
to return all the benefits she had received from him. Plaintiff returned the
dower money to defendant after her suit for dower money was dismissed.
Defendant neither challenged the decree for dissolution of marriage nor claimed
the return of agricultural land given to her on account of dower at the time of
Nikah in divorce procedure in Pakistan. Defendant could not claim the return of
said agricultural land at belated finality, another/subsequent suit for
recovery of dower money Constitutional petition, being without force, was
dismissed. Suit for dissolution of marriage on the ground of Khula and
maintenance was ordered.
Judge of Family Court had
dismissed application challenging territorial jurisdiction of the Court without
recording evidence and even framing the issue. Judge Family Court had relied on
a document issued by Lambardar without examining the credibility of the same.
Question of jurisdiction should be decided at the first instance. Impugned
order was against law and facts of the case and as such could not sustain in
the eye of law. High Court set aside the impugned order and directed Judge
Family Court to frame a preliminary issue for ascertaining its territorial jurisdiction
and if the Court was of the opinion that the issue could not be decided without
recording evidence, the Court would record the same and would allow full
opportunity to both the parties to explain their case with further direction to
decide suit within 3 months from receipt of the present order. Maintenance
Solitary statement of defendant was recorded. Suit for dissolution of marriage,
recovery of maintenance and return of dowry was decreed in the favor of
plaintiff.
Nazia Law about Divorce in Pakistan:
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lawyer. Advocate nazia is the best and most famous divorce lawyer in Pakistan.
She know the divorce procedure in Pakistan and divorce process in Pakistan. She
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