Procedure Of Talaq in Pakistan | A Complete Guidelines

Procedure of Talaq in Pakistan:

Wife was not entitled to maintenance amount after procedure of talaq in Pakistan. Plea raised by husband was that suit for maintenance of the plaintiff (wife) was decreed but she was not entitled to maintenance amount after lddat period and that husband did not avail any of the dowry articles, as he had passed most of his time abroad. Since the Talaq Procedure in Pakistan period of the plaintiff had elapsed, therefore, she was not entitled to the maintenance after lddat. Remittance receipts from abroad had established that husband had remitted greater amount than the decreed amount, thus, the plaintiff was not entitled to the recovery of dowry articles.

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In Case Of Talaq Procedure:

In case of procedure of talaq in Pakistan three menstrual courses has to wait for three menstrual courses and in event of wife not being subject to menstruation the period of lddat is three lunar months and iddat commences from the time the divorce is pronounced. 16. Provisions of S. 7 making all forms of Talaq to be revocable. Traditional Islamic Law making irrevocable pronouncement of one divorce to a wife whose marriage has not been consummated and prescribing on term of probation or a waiting period (lddat).

Muslim Family Laws:

Proceedings for recovery of past maintenance and that of the period of lddat were initiated under S. 9 of Muslim Family Laws Ordinance, 1961. Both the Courts below granted past maintenance along with period of lddat Grievance of petitioner was that the Courts below had wrongly assumed jurisdiction in the matter as the petitioner was not a Muslim Citizen of Pakistan and period of lddat was 39 days which was wrongly fixed as 90 days. She made effective procedure of talaq in Pakistan.  Validity Petitioner did not raise point of jurisdiction in the contents of the revision petition filed below; therefore, he was not permitted to argue the same before High Court in exercise offer 90 days of Constitutional jurisdiction. Judgment of both the Tribunals below to the extent of period of lddat were not in accordance with the dictum laid down by Supreme Court in case titled Allah Dad v. Mukhtar reported as 1992 SCMR 1273.

Husband had left for abroad soon after the marriage and did not avail any of the dowry articles which remained in the use of the plaintiff (wife). High Court while partly allowing the Constitutional petition set aside the judgment and decree to the extent of recovery of dowry articles and maintained the judgment and decree for articles maintenance allowance. lddat is a period at the expiry of which a divorced woman or a widow is entitled under the personal law, to contract another marriage. Children conceived and born during irregular or invalid marriage i.e., not vitiated and rendered illegal by radical defect, which makes the marriage void ab initio are legitimate, (ii) lddat becomes mandatory, and (I) dower becomes payable. Held; Legitimacy is traced to the date of copulation and not the date of marriage. Conjunction by way of temporary barrier automatically becomes regular the moment the bottleneck is removed i.e., the iddat period expires. This provision of S. 7 was clearly repugnant to Injunction of Holy Qur'an.  Plea of lack of jurisdiction in Court raised. Such plea was not raised before Revision Court. Petitioner was a British national who had divorced the respondent.