Brief Way to Get the Khula in Pakistan (2020)

Khula Procedure In Pakistan:

Dower a precondition and prerequisite of a valid matrimonial and wife could not be legitimized and would be regarded as a sinful union in absence of dower. If husband has refused to pay prompt dower after procedure of divorce in Pakistan. If proved on record that the husband has refused to pay prompt dower after demand by wife she is justified to live separately. Court has the powers to refuse the return of the dowered property/amount to husband after procedure of khula in Pakistan  and khula procedure in Pakistan.  Court has the powers to refuse the return of the dowered property/amount to husband or to release him from payment of dower where due to his cruelty she was compelled to resort to Khula'. Al-Qur'an; Sura Baqara, Verse 229; Sura Nisa, Verse 129; Tafheem-ul-Qur'an, Vol. I, p.175. Incumbent upon the husband to maintain his wife and he is not absolved of his liability to maintain her even though she be not residing with him provided she has a lawful excuse or a legal right to refuse to live with her husband on account of non-payment of prompt dower. Contracting second marriage by husband without permission is a crime or husband has to first get Nadra divorce certificate in Pakistan. Such dower consisted of Rs.50, 000 and ten Bighas land.

Dismissal of suit by Family Court for such dower is not recoverable during subsistence of marriage:

Award of decree by Appellate Court for recovery of Rs.50, 000 without saying anything about other part of dower i.e., ten Bighas land. Courts below had found that dower amount along with ten Bighas land admitted by husband to have been fixed had not been paid to first wife. Husband on contracting second marriage without permission of Arbitration Council had become liable to pay to first wife entire dower either prompt or deferred. Husband had sold such land to other persons. High Court remanded case to Appellate Court for giving findings on second part of dower i.e., ten Bighas land, after hearing parties and recording evidence, if necessary. Dower fixed with the agreement of the parties to the marriage, Could be prompt or deferred or partly prompt and partly deferred. Prompt dower was payable immediately on demand. Deferred dower would be payable on a date or time agreed between the parties and it was more appropriate that date or time agreed for payment of deferred dower be certain. Parties could agree that deferred dower would be payable on the happening of a certain event like divorce or death.

 Transfer of land:

Transfer of land by Nadra divorce certificate way of dower after in Pakistan was not valid. Husband of the petitioner at the time of marriage transferred land in the name of the petitioner by way of dower. Husband submitted declaration under S. 7 of Land Reforms Act 1977 excluding land transferred to the petitioner but Authority included the said land in his holding and after calculating total produce index units ordered him to surrender excess land in favor of the Government. Nothing was on record to prove that Nikahnama whereby land in question was transferred to the petitioner by her husband by way of dower was a fabricated document. Authority considered Nikahnama as forged and fabricated one on the ground of procedure of divorce in Pakistan that columns therein dealing with amount and nature of dower were left blank. Question as to whether leaving blank said columns Could lead to an inference that the Nikahnama was forged and fabricated, needed consideration but no opportunity was given to the petitioner to prove that in relevant column of Nikahnama it was clearly mentioned that the bridegroom had given said land to his wife/petitioner as dower and sad NIkahnama was written long prior to the enforcement of Land Reforms Act, 1977.

Nikahnama was admissible to prove factum of alienation of property in lieu of dower:

Authority which had not seen the matter in its true perspective, had committed material irregularity and illegality while rendering order which had resulted in grave miscarriage of justice. Order passed by the Authority was set aside and case was remanded to be decided afresh on merits. Almighty was to the effect that the wife had to return all that which she had received from the husband, then no room was left to deviate there from, but the Holy Qur'an had reduced the burden on the wife by commanding to return Some consideration to the husband. Wife was under no obligation to return each and every thing whether in cash or Dissolution of marriage on ground of procedure of khula in Pakistan and Khula Procedure In Pakistan ' If the Commandment of Allah kind she had received from her husband at the time of her release from the wedlock on the basis of 'Khula'. Words used "some consideration was of paramount importance Wife had to return some consideration to the husband on seeking dissolution of marriage on the basis of procedure of khula in Pakistan. Judge had the authority to determine whether Haq Mehr/considerations as a whole were not to be repaid by the wife, but a. part of it. Judge could also determine as to what extent the husband could be relieved from the payment of dower to the wife, if not already paid. While exercising such discretion in that regard, the Judge while dissolving marriage on the ground of procedure of divorce in Pakistan among others, could take into consideration condition detailed by High Court circumstances so that the wife was not forced to live impious life for arranging money to repay in full or part of the consideration to the husband. Marriage on the basis of procedure of khula in Pakistan and Khula Process In Pakistan  could be dissolved and the wife had to return such benefits/consideration agreed upon.

Failure on the part of the wife to pay the considerations for the divorce, would not invalidate the divorce, though the husband could sue the wife for its recovery and that it could not be postponed until the execution of the "Khulanama" (Deed of Khula'). Family Court could grant decree for dissolution of marriage on the basis of 'Khula when pre-trial reconciliation efforts would fail. Court, however, while granting decree for dissolution of marriage on the basis of 'Khula' would record Sound and cogent reasons in support thereof and would also state that after holding trial, if the wife was found liable to pay back the considerations determined by the Court which she had received, same were to be returned to the husband. Family Court, however, could not defer the grant of decree on the basis of 'Khula' for disruption of marriage because the parties were not in agreement on the payment or non-payment of dower and the decree of 'Khula would remain effective from the date on which it was pronounced.  Restoration to the husband the dower received by the wife. Time except at the time of marriage cannot be recovered through process off execution on the basis of a decree obtained in terms of S. 10(4), West Pakistan Family Courts Execution of decree and obtaining Nadra divorce certificate in Pakistan. Held, dower paid at any other Act, 1964 granting dissolution of marriage in the procedure of divorce in Pakistan