Best Way To Knows The Procedure Of Talaq In Pakistan


Contention Procedure Of Talaq In Pakistan:

Contention during procedure of talaq in Pakistan granting Khula, no direction for return of monetary benefits has been made in favor of petitioner. Petitioner did not insisted upon for determination of exact benefit’s respondents' side nor for their return, could same not be asked for in writ jurisdiction which is highly discretionary. Held: Impugned judgment is unexceptionable. It was further held that it will be futile exercise for petitioner to file a fresh suit (for return of benefits) after procedure of talaq in Pakistan. Leave refused. Issue of procedure of talaq in Pakistan and talaq procedure in Pakistan has not been decided by both Courts in accordance with law. Admittedly, after marriage which took place 4% years ago, parties have lived together for 15 days only and there is no issue from marriage. Petitioner has categorically stated that she would rather die than to live with respondent No. 1 Efforts made by Family Court to bring about reconciliation had failed. There was no harmony left between spouses. Held: It is settled that it is not necessary for wife to prove circumstances justifying her aversion and reasons and hatred towards her husband.

Petition accepted and suit for dissolution of marriage decreed

 Suit decreed-Challenge to Judge Family Court, twice postponed hearing of application for setting side ex parte decree to enable petitioner to appear in person in order to render explanation for his non-appearance, but he did not appear. Explanation that he was informed by his counsel hardly merits consideration. Held: Judge Family Court, was within his right in coming to conclusion that petitioner had submitted application for setting side ex party proceedings as well as decree without any reasonable basis. Even otherwise, it is a well-settled principle of law that when relations between spouses become so strained that it is not possible for them to live within limits prescribed by God Almighty, it is better to annul such marital tie. Petition dismissed. Appellant has two other wives in addition to respondent No. 1 who have children. Respondent No. 1 has no child. Respondent No. 1 has repeatedly emphasized that she was not prepared to live with appellant as his wife. Appellant brought a suit against her for recovery of certain amount as value of ornaments and other articles allegedly taken by her. Circumstances mentioned in pleadings and evidence, were rightly considered enough to decree procedure of talaq in Pakistan and procedure of talaq in Pakistan on ground of Khula.


Decree for procedure of talaq in Pakistan

Non-sending of copy of such decree to Chairman within prescribed period-Effect. Decree for procedure of talaq in Pakistan and talaq procedure in Pakistan would not become ineffective merely because a copy thereof was not sent to the Chairman within the prescribed period of seven days. Effectiveness of such decree would be reckoned as from the date of due service and efflux of requisite period as be relevant in a given case.of3. Decree of Family Court communicated to Chairman is a substitute for Talaq notice contemplated by S. 7. Ninety days' period after which decree would be effective starts from date certified copy of Talaq decree is sent by Family Court to Chairman. There was no force in contention that Talaq by decree of Family Court would become effective only after notice of Talaq under S. 7 has been given by husband to Chairman and period of three months provided for bringing out conciliation between parties has expired

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