Legal Procedure of Divorce in Pakistan for Overseas Pakistani
Legal Divorce Procedure in Pakistan For Overseas Pakistani:
In case of death of husband or in
case of pregnancy divorce procedure for overseas Pakistanis is not required.
When the marriage has been consummated, the period is four months and ten days
and in case of pregnancy the period of lddat would extend up to delivery or the
occasion of miscarriage. Divorce
procedure for overseas Pakistanis pronounced by husband three days before
his death. Mutation of succession sanctioned after expiry of 90 days. Effect of
husband divorcing wife three days before his death has no validity. Mutation of
succession of sanctioned after expiry of 90 days.
How to get Divorce In Pakistan:
The Answer is simple our law firm
get the divorce in Pakistan form the family court. So if you want to get the
divorce in Pakistan then you are in the impressive place. Our Expert divorce
lawyer made the legal procedure of divorce in Pakistan for overseas Pakistani.
You Can Easily Get the Divorce:
Embargo placed by S. 3(2) of the
Law Reforms Ordinance, 1972 would operate where application/petition filed
under Article 199 of the Constitution arose out of the proceedings wherein law
provided for at least one appeal, one revision or one review to any Court,
Tribunal or authority against the original any order. Section 14(3) of the West
Pakistan Family Courts Act, 1964 barred appeal against an interim order passed
by Family Court in divorce procedure for overseas Pakistanis and divorce in
Pakistan for overseas Pakistani.
You Can Easily Follow The Divorce Procedure:
Divorce procedure for overseas
Pakistanis followed to plaintiff in either of such two manners was correctly
revoked by the deceased and plaintiff was the wedded wife of the deceased at
the time of his wife. Defendants were to prove that plaintiff was not widow of
the deceased at the time of death of the plaintiff but they failed to discharge
such onus Judgments and decrees passed by both the Courts below being tainted
with material irregularities/illegalities were no Sustainable at law and
deserved to be reversed. High Court in exercise of revision jurisdiction set
aside Concurrent judgments and decrees passed by the two Courts below and
decreed the suit of plaintiff. Suit for jactitation of marriage, maintenance,
dower and dowry articles was filed by wife.
Question arising whether widow
was entitled to inherit property of deceased husband? Notwithstanding deceased
having pronounced divorce before his death it had not become effective before
expiry of 90 days and Succession opened immediately on his death. On that day
divorce not having become effective, widow, held, entitled to inherit property
of her deceased husband. In case of death of husband the period of lddat for
the wife commences from time of death. Share in property of deceased husband-Fact
of divorce-Onus to prove. So we made Short Procedure
of Divorce in Pakistan for Overseas Pakistani.
About Talaq:
"Talaq-e-Bain as he revoked
it before Arbitration Council, within a period of 90 days of the divorce Trial
Court dismissed defendant's application for recording his statement through
commission. Defendant challenged order of Trial Court through Constitutional
petition. Single Judge, High Court upheld the order of the Trial Court holding
that recording of statement through commission would leave the relevant
questions unanswered as the plaintiff had challenged defendant's physical capacity.
Suit and appeal of plaintiff were
dismissed by Trial Court and Appellate Court respectively. No evidence was
available that deceased had pronounced "Talaq-e-Bain and defendants' witness
did not depose that the deceased had pronounced irrevocable divorce or the same
was pronounced thrice in one sitting. Plaintiff produced a copy of letter of
withdrawal of notice of divorce by the deceased and the same was tendered in
evidence. Such letter proved that the deceased did not pronounce.
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