Delayed Khula and Dissolution of Marriage in Pakistan:
If you need assistance regarding the law of delaying the dissolution of marriage in Pakistan or khula in Pakistan law you may contact Jamila Law Associates. A delayed revision limitation is liable to be dismissed. The limitation for filing revision under S. 9(2) of Muslim Family Laws Ordinance, 1961 is thirty days. Revisional authority is supposed to dispose of the revision on merits, keeping the facts and evidence on record and deciding the law’s case for dissolution of marriage in Pakistan or khula in Pakistan law.
Passing non-speaking order in such a petition that involves valuable parties’ rights cannot be countenanced in law and liable to be declared without lawful authority. Revisional authority rejecting revision without going into merits of the case to find out if the order of maintenance was just and fair and whether there was any material on record to show that husband was able to pay the amount in question. Order set aside for fresh decision. 55. Right of maintenance. It is worth noting that Islam does not compel a person to do an act beyond his capacity.
Therefore, the social status of his husband and level of legitimate financial sources is immune husband concluding the quantum of maintenance, and it cannot ignore the same for dissolution of marriage in Pakistan or khula in Pakistan law. No doubt, the father is bound to maintain his children, and past maintenance of wife is also permissible in Islam. Still, the dominant factor governing the adjudication of such a question cannot be overlooked. Where no justifiable reasons are furnished, and the maintenance amount is not only disproportionate, but too much beyond the legal and ostensible earning of the father, it cannot maintain such order.
Khula in Pakistan Law:
Regarding the dissolution of marriage in Pakistan or khula in Pakistan law the right wife’s right of maintenance is subject to the She must be faithful to the husband and obey his proper order; if she refuses him, he is not bound to maintain her. (ii)Wife not entitled to maintain when she lives apart from the husband except for non-payment of her Dower, in which case her proper maintenance continues even though she is living apart from him. Husband while appearing in the Witness- box deposing that he had tried his level best for the restitution: his bona fide established as he had also filed a suit for dissolution of marriage in Pakistan or khula in Pakistan law along with refund of conjugal rights and on its following conditions (I) dismissal when there was no hope left for restitution, he had no alternative but to divorce his wife. From the Judgment of the Family Court, it was abundantly clear that the wife was of her own accord living apart from the husband and was unwilling to live with him at any cost.
Wife not entitled to maintenance. Rukhsati not taking place. Even if Rukhsati has not taken place, the wife is still entitled to get care if not refusing to perform her marital obligation or service the defendant. Notice was sent to the husband through registered post, but despite receiving the information, he did not turn up where after he was served through proclamation in the local daily for his appearance before the 57 for dissolution of marriage in Pakistan or khula in Pakistan law.