Best Way To Know the Khula Procedure in Pakistan

Legal Procedure Of Khula In Pakistan:

Judgment of Courts below was not sustainable in circumstance of procedure of khula in Pakistan and khula procedure in Pakistan . Case of procedure of khula in Pakistan was remanded to lower court for grant of Khula to wife requiring her to make good the appropriated dower money to husband in consideration of decree in the case of procedure of khula in Pakistan. Such direction being against the terms of Nikahnama and overall evidence on record whereby dower money was stated to be deferred was set aside. Wife having already given up her dower debt together with maintenance allowance in consideration of obtaining Khula, nothing was due to law from her to husband/respondent. Wife must assert before Court her right to claim procedure of divorce in Pakistan on basis of Khula' apprehension. Conditions for grant of Khula; wife must assert before Court her right to Claim divorce on basis of Khula' apprehension of Court that husband and wife could not live together within the limits of Allah, and wife was ready to restore whatever she had been given in lieu of her marriage with the husband." Interference by High Court in writ jurisdiction was not allowed. Discretionary jurisdiction under Article 199 of the Constitution should not to be exercised in a case of procedure of divorce in Pakistan or for issuance of Nadra divorce certificate in Pakistan. Procedure of khula in Pakistan and khula process In Pakistan on ground was justified. As regard plea of return of benefits it was held that there was neither sure claim neither laid in written jurisdiction. Statement was not proved. With subject by husband to physical and mental torture, habitually treated with cruelty, turned out of houses at 'S and consequently compelled to take refuge and shelter in her parent's house at 'M. Wife living at M for over three years prior of institution of suit. Ordinary place of residence of wife, in circumstances, held, M and not S and suit for procedure of khula in Pakistan and maintenance could be filed against husband at M. 1. Pronouncement-Shia Sect.

Petitioner was that according to Shia School of Thought:

petitioner was that according to Shia School of Thought, Contention of the petitioner the husband had not pronounced divorce in Arabic language (Seegha)in presence of two witnesses. Leave to appeal was granted by Supreme Court to consider the appeal contention of the petitioner. Talaq pronounced in absence of wife and conveyed to her in writing is a valid Talaq under Shia Law. Requirement of valid Talaq under Shia Law is that it should be pronounced in Arabic words in presence of two adult male witnesses and the wife. Under Shia Lawa Talaq is of no effect unless it is pronounced: strictly in accordance with Sunnah(i) in Arabic terms UI)in the presence of at least two adult male witnesses.  A lawyer, agent may also be appointed for the purpose of pronouncing the Sighas in Arabic language. But the said rule does not appear to be inflexible. The husband can pronounce Talaq in any other language known to him, as is done in the case of marriage, under the Shia Law. After all, the physical and intellectual impediments may also provide an exception to the rule."When presence/attendance of wife is not curable, the husband can pronounce Talaq in specific Arabic words which is known as "Khutba Talaq but in presence of two male witnesses. Such procedure of divorce in Pakistan can be reduced into writing and forwarded to wife or the same may be intimated to her otherwise. Shia is unable to pronounce procedure of khula  in Pakistan in presence of his wife in the prescribed manner then it can be pronounced in presence of two male witnesses and communicated to her in writing. (Such an inability should be proved on record). Procedure of divorce in Pakistan made by the Shia husband not conforming to the requirement of Shia Law is as much as it was not heard by two Adult males and, therefore, respondent (wife) could not be said to have ceased to be his wife. In the procedure of divorce in Pakistan the divorce pronounced in contravention of this form is not valid. Under Shia Law Talaq divorce which is not communicated in a prescribed form and manner is not valid.

Muhammadan Law, Vol. I:

Amir Ali in his book Muhammadan Law, Vol. I, says:"They do not allow a divorce in Pakistan to be given in writing nor in any language other than Arabic when there is ability to pronounce the words necessary for a valid repudiation. Even an absent husband cannot affect a valid divorce in writing. He must pronounce the words in the presence of the witnesses, and the fact of his doing so may be recorded in writing, which may be forwarded to the wife or it may be intimated to her otherwise." In this regard reference is made to Saksena's Muslim Law as administered in British India" who has commented as follows: In order that a Talaq given by a Shia male to his wife be valid, it must be pronounced in the presence of the wife and two witnesses and that a written divorce deed would be invalid unless it be established that the husband was incapable of pronouncing the procedure of divorce in Pakistan in the manner mentioned above. It is not with regard to proof of divorce that the Shia Law insists on two witnesses but to the very act of divorce and it cannot, therefore, be held that the matter related to proof and not to substantive law. Husband giving notice of Talaq to Chairman Arbitration Council who issued notice to the petitioner and ultimately issued Nadra divorce certificate in Pakistan was held valid.

Get Nadra Divorce Certficate After The Khula:

The Talag was made effective on issuance of Nadra divorce certificate in Pakistan. Chairman held, has no jurisdiction to issue a Nadra divorce certificate in Pakistan declaring effectiveness or otherwise of divorce. Valid divorce can take effect only upon the fulfillment of the conditions laid down in Section 7 of the Family Laws Ordinance, 1961.Contract of marriage entered into by a Shia man and Christian woman at England before Registrar of Marriages if perfectly valid. If the wife remains Christian her marriage can be dissolved only under Divorce Act. lf she renounces her religion for Islam, the Muslim Law of Divorce would become applicable because both parties are Muslims. Effectiveness of Talaq Shia law happens when Nadra divorce certificate in Pakistan is issued. The Divorce in Pakistan was made effective by the Chairman, held, the Chairman has no jurisdiction to issue a Nadra divorce certificate in Pakistan declaring effectiveness or otherwise of divorce. Valid procedure of divorce in Pakistan can take effect only upon the fulfillment of the conditions laid down in Section 7 of the Family Laws Ordinance; 1961.The pre-condition for the applicability of section 7 is that there should be a pronouncement of Talaq. It is only after a Talaq has been pronounced that machinery under section 7 can be put in motion. The Talaq should not be an invalid Talaq. Before passing any order it has to be prima facie ascertained whether Talaq is valid or not.

If on the face of it, it is invalid, then in that even the Chairman should not issue a certificate. Requirement of valid Talaq under Shia Law is that it should be pronounced in Arabic words in presence of two adult presence/attendance of wife cannot be procured, then husband can pronounce Talaq (divorce) in specific Arabic words which is known as "Khutba Talaq', but in presence of two male witnesses. Such Talaq (divorce) can be reduced into writing and forwarded to wife or the same may be intimated to her otherwise. Wife not present at the time of pronouncement of Talaq. Notice addressed to wife with a Copy to Chairman, Union Committee, mentioned therein the pronouncement of divorce but was silent that it was made in presence of any witness. Divorce deed made recital of fact of having divorced the wife orally but, in the body of said deed there was no mention of the fact that divorce was given in presence of any witness, though it did mention at the end names of witnesses and there also appeared two signatures purported to be of said witnesses.