Best Way to Know the Khula Process in Pakistan

Remarry With The Same Husband After The Khula:

The remarriage with same husband of course would be subject to performance of another Nikah after the khula procedure in Pakistan and khula process in Pakistan. Section 7(6) also allows such re-union without halala in Pakistan, there is no restrained either in the Muslim Family laws Ordinance or in the injunction of Quran and Sunnah not to allow prayer of the husband for re-union with his wife after khula procedure in Pakistan and procedure of khula in Pakistan when she is ready to live again as wife of the husband within the limits of God." Section 7(6)does not debar a wife whose marriage has been terminated by khula procedure in Pakistan and khula process in Pakistan effective under this section from re marrying the same husband, without halala in Pakistan  with a third person, unless such termination is for the third time so effective. Right to re-marry same husband exists for spouse. Right to re-marry same husband, without an intervening marriage, unless khula in Pakistan is effective for three times (doing away with Halala in Pakistan).

 Negatives Talaq al-hasan and its effect and as such S. 7(6) is contrary to Injunctions of Holy Qur'an and Sunnah:

 Held effectiveness of Talaq is not only relevant for purpose of re- marriage, but it is also relatable to right to property such as Will and inheritance and as such dictates of Holy Qur'an and Sunnah must be strictly adhered to section 6. Marriage before expiry of period of lddat with woman before lddat is irregular and not void. Section 7(6) read with Offence of Zina Ordinance, 1979. Alleged abductee who was star witness of the case, categorically denying that she had been abducted by the co-accused and not supporting the allegation as leveled in F.I.R. and stating that she rejoined the co-accused within 90 days before divorce between her and co-accused had become affected. Question of abduction of accused or commission of rape with her would not arise even in view of provisions of section 7(6) of Muslim Family Law Ordinance, 1961, F.I.R. quashed.

 List of dowry articles was not proved. Recovery of maintenance allowance and dowry articles was maintained in a case. Concurrent findings of Trial Court and appellate Court by which decree for maintenance of minor son, recovery of dowry articles and maintenance for iddat period was passed in favor of the wife (respondent)

Husband (petitioner) contended that list of dowry articles was not proved in accordance with law and same were taken by wife to her parent's house and the rate of maintenance was beyond his means. Husband did not refute wife's contention to the extent that dowry was given to her by her parents but contended that its value was less than what she claimed. Wife had contended that list of dowry articles was not thumb-marked by her but her brother had put thumb-impressions and Signatures on it and she had given full details of the articles and prices thereof in her statement. We provide the halala in Pakistan according to the Pakistani law.

 Husband's contention that wife took dowry articles to her father’s house were not substantiated by any cogent evidence:

Minor's rate of maintenance was very reasonable and being real son of petitioner, he had unlimited and unqualified right to get maintenance from his father. Rate of maintenance for period of iddat in favor of wife was also not excessive. A concurrent finding of trial court and appellate court below being unexceptional, husband’s petition was dismissed. Suit for dowry articles and maintenance allowance was allowed. Petitioner's suit for recovery of dowry articles and maintenance allowance was decreed by Trial Court to the sum of Rs.280,000 as dowry articles and Rs.3,000 per month as maintenance allowance. Appellate Court reduced amount of dowry articles from Rs.280,000 to Rs.50,000 and maintenance allowance from Rs.3000 to Rs.2000 per month.