The Perfect Procedure Of Khula In Pakistan

Procedure of Khula In Pakistan:

 Person having pronounced Talaq in any form, was required to give Chairman a written notice of his pronounced Talaq in any form, was required to give having done so and would supply copy. Person having Chairman a written notice of his having done so and would supply copy thereof to the wife. Such notice of Talaq to wife was a requirement of law and was mandatory. Absence of intimation to wife about notice of Talaq to Chairman would suspend the count of days till wife would get copy of notice or intimation thereof. In absence of proof of delivery of copy of divorce deed to wife, she would be deemed to have got intimation or notice about divorce deed only when defendant would make disclosure about it in his written statement. Fact that the notice of Talaq was not sent to the Chairman, Union Council, will not render the Talaq ineffective. Defendant's plea that requisite notice of decree of procedure of khula in Pakistan was not sent to Chairman concerned and that plaintiff had married during subsistence of lddat period. In absence of pleading or proof to the contrary, inference and presumption of law would be that all judicial and official acts had been performed regularly even if Nadra divorce certificate in Pakistan is not issued. Such presumption having not been rebutted would be deemed to apply viz., that Family Court had duly forwarded the decree of procedure of khula in Pakistan to Chairman concerned, where it attained conclusiveness by efflux of time prescribed. Talaq being ineffective for non-receipt of notice by Chairman was not upheld. Carries binding force as law of land for all Courts subject to new factors. First, pronouncement will be read as an interpretation of S. 7 in face of Constitution, 1962 and Supreme Court's inability to consider S. 7 in light of Holy Qur'an and Sunnah. Second, insertion of Article 2-A has cast a duty on Courts of Pakistan to re-define and re-interpret new frontiers of "existing law" in light of Objectives Resolution made justifiable by Article 2-A.

Held, In view if Newly Article 2-A:

Held, in view of newly added Article 2-A, it would be Constitution which would rule supreme over law, whether enacted or interpreted prior to insertion of Article 2-A.2 16 and expiry of 90 days from date. Court should construe S. 7 with adaptations in order to make S. 7 applicable in conformity with Constitution and enforce it so as to bring provisions of S. 7 in accord with Injunctions of Islam as laid down in Holy Qur'an and Sunnah as provided in Article 2-A of Constitution. High Court in present case on invocation on its jurisdiction under Article 199 refusing to recognize S. to the effect that receipt of husband's notice of Talaq by Chairman and expiry of 90 days from date thereof had ipso Receipt of husband's notice of Talaq by Chairman divorce effective as this provision of S. 7 was infacto made derogation of provisions of Holy Qur'an and Sunnah relating to Talaq.  Wife taking plea that she having been Service of notice of divorce-issue not framed by Suit for restitution of conjugal rights against divorced as a result of agreement and oath mentioned in divorce deed, Such suit was not maintainable. While accepting fact of procedure of divorce in Pakistan, Trial Court decreed suit of husband for restitution of conjugal rights on the ground that wife had failed to prove service of notice of divorce on husband and no procedure of divorce in Pakistan was followed.

Nadra Divorce Certificate:                                    

 No issue on question of fact relating to sending of notice to Union Committee by wife and issuance of Nadra divorce certificate in Pakistan. Wife, held, was prejudiced relating to defense against suit for restitution of conjugal rights. Petitioner, on account of wrong issue had been denied due opportunity of defense in suit for restitution of conjugal rights. Maintenance-Effectiveness of Talaq could not be subjected to service of notice to Chairman concerned. Husband would be deemed to have divorced his wife on the date when He made statement in Court that he had divorced her. Omission by husband to send notice of Talaq under S.7, Muslim Family Laws Ordinance, 1961, would not operate to make Talaq inoperative if he had pronounced Talaq with intention to dissolve marriage between him and his wife. Categorical statement by husband in Court on 10-02-1987 about having divorced his wife by itself dissolved marriage between him and his wife for purposes of maintenance allowance and right of wife to be maintained by husband continued only till 10-05-1985, 1.e, the date, on which he is stated to have pronounced Talaq. Wife would be entitled to maintenance allowance from her husband till 10-05-1985. Service of notice effected upon petitioner. Jurisdiction assumed by Chairman, Arbitration Council. With such lame excuses, wife cannot proceedings initiated by Arbitration Council, which were likely to be commenced from date disclosed and to be concluded on its assessment.

 No particular form of notice was prescribed either by the Muslim Family Laws Ordinance, 1961, or in the Rules framed there under. Object of notice was to communicate to wife and Chairman of Local Council concerned, the fact that husband had dissolved the marriage so the proceedings for reconciliation could be undertaken. Document need not be stricto senso in the form of notice but otherwise if it Conveyed requisite information same would Constitute sufficient Compliance of S. 7, Muslim Family Laws Ordinance, 1961. Deed of dissolution of marriage received by wife and Chairman of the concerned council which clearly conveyed that husband had divorced his wife and served all his connections by pronouncing Talaq, would be deemed to be a notice under S. 7, Muslim Family Laws Ordinance, 1961 and Nadra divorce certificate in Pakistan could be issued after the procedure of divorce in Pakistan.