Know the Brief Procedure of Talaq in Pakistan

Legal Procedure of Talaq in Pakistan:

Wife's suit for maintenance was decreed till the end of iddat period which was deemed to have expired on the expiry of ninety days of service of notice upon the Chairman concerned after procedure of talaq in Pakistan. Period of iddat as also the period of maintenance for a further period of ninety days i.e., three months after procedure of talaq in Pakistan became effective. There being no resumption of marital tie between husband and wife within the period of ninety days, Appellate Court's order granting maintenance for a further period of three months after procedure of talaq in Pakistan becomes effective, was not legally correct. Appellate Court's order was modified accordingly. Appellate Court extended Period of lddat.

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Brief Talaq Process And Procedure in Pakistan:

Return of benefits by wife in talaq procedure in Pakistan creates civil liability with regard to benefits to be returned by wife to husband. Khula without providing for necessary compensation to husband for necessary benefits would be unquestionable when there is no evidence to show that husband had provided such material benefits to wife as could be returned to him during talaq procedure in Pakistan.  Wife is entitled to talaq procedure in Pakistan on grounds of cruelty and misappropriation of dowry articles also. Wife can only be asked to compensate husband in case of talaq procedure in Pakistan. It is well-settled that in absence of any specific demand by husband in written statement and statement before Court, wife cannot be directed to pay compensation for Khula. Held: Both Courts below acted in excess of their jurisdiction in directing petitioner to pay Compensation for Khula. Petition accepted. Requirement that wife demanding talaq procedure in Pakistan would return to husband any tangible returnable benefits conferred on her husband.

Know The Legal Talaq Procedure in Pakistan According Talaq Law:

 Question of law arising whether period of lddat shall commence from the date of effectiveness of Talaq under the Muslim Family Laws Ordinance (8 of 1961) or the period of lddat would be completed on that date. Leave to appeal could be granted to consider this question but petition was not pressed for certain reasons and accordingly dismissed. Ninety days' period within which husband can revoke notice of Talaq would be computed from date of service of notice of Talaq by husband in terms of S 7(1) during procedure of talaq in Pakistan.

Get Talaq and Divorce Certificate after 90 Days:

Husband executed before the Talaqnama divorcing wife but before the expiry of 90 days and before procedure of talaq in Pakistan could become effective in terms of S. 7(3) he intimated the Chairman that he wanted, rather had withdrawn, the notice of "Talaq'. Covers divorced wife undergoing lddat period. She would be entitled to maintenance from her ex-husband.2 30 abeyance. Repugnant to Injunction of Islam contained in Holy Qur'an and Sunnah. Waiting period (iddat) for making Talaq is normally 90 days.

Talaq procedure in Pakistan would not be effective without service of notice to Chairman. View of Supreme Court in Gardezi's case (PLD 1963 S.C. 51), in Abdul Mannan's case (1970 SCMR 845) and Federal Shariat Court in Aziz Khan's case (PLD 1982 FSC 156) that Talaq would not be effective without service of notice to Chairman. Chairman, Union Council, is not necessary for Talaq of become effective.