The Easy Procedure And Process Of Khula In Pakistan

Procedure Of Khula In Pakistan:

 None of such witnesses were produced in the Court in the case of procedure of khula in Pakistan . Divorce, held, was not pronounced in presence of two witnesses as required under the Shai Law. Mere mention of two witnesses at the bottom of divorce deed could at the best be said to be the attesting witnesses of the deed itself but not of the actual pronouncement of procedure of divorce in Pakistan. No witness produced. No valid divorce as required by Shia Law therefore was pronounced by the husband circumstances. Right of divorce was delegated to wife through Nikahnama. Mode for exercise of right of procedure of divorce in Pakistan was upheld. Notice in writing must be given to Chairman. Woman exercised her right through divorce deed. Notice was issued to husband by Arbitration Council. Woman had exercised the right, which was unconditionally delegated to her in Nikahnama. No formal order to give effectiveness to it is required rather in view of S. 7(3) of Muslim Family Laws Ordinance, if not revoked it will become effective after expiry of 90 days of its delivery to husband and ultimately Nadra divorce certificate in Pakistan was issued. Petition was dismissed. Wife had been delegated the rights of Talaq. Validity and effect of pronouncement of Talaq exists. Petitioner/husband challenged the initiation of proceedings for confirmation of procedure of divorce in Pakistan by the Chairman, Arbitration Council in the wake of exercise of delegated right of divorce by the wife. 

Petitioner contended that without formal pronouncement of Talaq reconciliation proceedings could not be initiated by the Arbitration Council. Where wife exercised the delegated right of divorce, Section 8 of the Muslim Family Laws Ordinance, 1961 provided that provisions of S. 7 of the Muslim Family Laws Ordinance, 1961 would apply mutatis mutandis. No formal mode for exercise of the right was prescribed. Notice in writing to the Chairman, Arbitration Council about the exercise of the right was the only requirement. Wife had duly made the pronouncement by the executing the deed and transmitting the copies to the husband and the Chairman, Arbitration Council. Petitioner's contention that such procedure of divorce in Pakistan was not Talaq so the execution of divorce deed did not amount to Talaq was misconceived.

Dissolution of Marriage:

 Procedure of divorce in Pakistan  meant dissolution of marriage (Talaq) and separation through procedure of khula in Pakistan. Under S. 7(3) of the Muslim Family Laws Ordinance, 1961, notice of ' Talaq  if not revoked, will become effective after expiry of 90 days of its delivery to the Chairman, Arbitration Council and Nadra divorce certificate in Pakistan should be issued. Constitutional petition was dismissed for nullifying the Nadra divorce certificate in Pakistan. Exercising power of Talaq-e-Tafweez was valid. Respondent/ wife sent a divorce deed to petitioner/husband on the basis of purported exercise of right of divorce allegedly delegated to her by the husband endorsed in column No. 18 of Nikahnama. Wife also sent copy of divorce deed to the Chairman Arbitration Council along with notice under S. 8 of Muslim Family Laws Ordinance, 1961 for constitution of Arbitration Council. Husband had alleged that he never gave any right of divorce to wife nor any such powers were endorsed at the time of Nikah. Husband had also alleged that impugned order rendered by Chairman Arbitration Council was against the law and without authority as mentioned in column No. 18 of Nikahnama, would not mean that he had delegated the right of divorce to wife. Husband had asserted that Nadra divorce certificate in Pakistan was issued by the Council without any lawful authority. Wife had contended that she had rightly exercised the power of Talaq-e Tafweez given to her by the husband in column No. 18 of the Nikahnama and that Chairman Arbitration Council had rightly issued Nadra divorce certificate in Pakistan. 

Held, it was not a Shari Right of a wedded woman to get divorce upon herself without specific delegation of such power by the husband. Counsel for respondent/wife had not been able to prove that a woman could divorce upon her as a Shari Right. Words mentioned in column No. 18 of Nikahnama, did not vest any power in wife to exercise right of Talaq-e-Tafweez. No power was delegated by the husband to wife to exercise right of Talaq-e-Tafweez upon her. If such type of words were allowed to be considered as a right of Talaq-e-Tafweez, it would mean that whatever was incorporated against column No. 18, would be presumed as a Talaq-e-Tafweez. Husband in the present case had specifically denied that no such power was given to wife at the time of Nikah. Divorce deed, in Circumstances, was executed without any legal basis by the wife and same had no value in the eye of law.

Woman's right of divorce (Khula)

Impugned order passed by Chairman Arbitration Council was also not in accordance with law and was liable to be of beset aside. It is established principle that Right of Talaq-e-Tafweez. Talaq once pronounced, Will be effective after expiry of 90 days, unless it was Islamic Jurisprudence that the right of "Talaq" can he delegated to the wife at the time of "Nikah which is called "Talag-e-TafweezZ' revoked by husband or wife exercising her right of Talaq-e- Tafweez. Woman's right of divorce (Khula) and man's right to divorce. Intercession of Court was that the wife has to approach the Court to obtain procedure of khula in Pakistan. Once wife approaches the Court for dissolution of marriage on basis of procedure of Khula in Pakistan then Court has no option, but to accede to her request, because she is entitled to divorce on basis of Khula' ex debito justiae (as of right). 7. Delegation of right of divorce to applicant/wife. Notice Arbitration Council. Suit for declaration and permanent injunction by respondent against applicant was decreed. 

Respondent having delegated right of divorce to applicant, she sent a notice to respondent Husband can divorce his wife without to Chairman respondent/husband through Chairman Arbitration Council at place L'. Respondent filed suit for declaration and permanent injunction against applicant in Court at place R. Applicant filed application for transfer of suit filed by respondent at place 'R to place 'L' where her matter of divorce was pending before Chairman Arbitration Council. Courts would give due weight/benefit to inconvenience of ladies as compared to men. Application filed by female applicant was allowed as prayed for by her and suit for procedure of khula in Pakistan, declaration and permanent injunction filed by respondent which was pending in Court at place 'R was ordered to be withdrawn from said Court and to entrust the same to Civil Judge at place L who would entrust same to competent Civil Judge/Magistrate who would proceed in the matter accordingly. Though belonged to husband, but he could delegate said power to wife or to third person, either absolutely or conditionally and either for a particular period of permanently. Section 7 of Muslim Family Laws Ordinance, 1961 had specifically provided such Talaq which was known as Talaq-e-Tafweez: Person, to whom power was so delegated, could then pronounce same accordingly and get Nadra divorce certificate in Pakistan issued.