Provisions of khula and Dissolution of Christian Marriage in Pakistan:
To understand the legal provisions of dissolution of Christian marriage in Pakistan or process of khula in Pakistan you may contact Jamila Law Associates. Provisions of West Pakistan Family Courts Act, 1964 are of a practical nature that has enlarged the scope of Family Courts’ jurisdiction and vested the Court with the power of giving substantial relief to wife and children with a right of appeal for dissolution of Christian marriage in Pakistan or process of khula in Pakistan. Judicial separation.
Plaintiff:
The mere statement of the plaintiff that she is not willing to live as a wife with the defendant is not sufficient for the dissolution of Christian Marriage. Bond of marriage between Christian husband and wife being of permanent nature, the wife has to prove her case on the concrete facts after leading reliable and convincing evidence to the facts on which the claim of dissolution of marriage is based. Only then can the Court grant decree for a judicial separation within the meaning of S. 22 of the Divorce Act, 1869 or dissolve the marriage u/s 10 of the said Act for dissolution of Christian marriage in Pakistan or process of khula in Pakistan. Suit for dissolution of marriage seeking a judicial divorce.
Decree:
Summons were sent to U.S.A. at the given address in the plaint. Ex parte decree sought to be set aside on the ground that non-appearance was a preoccupation in the U.S.A. and financial position of the party. Direct admission made in the pleadings established that the defendant knew of the pendency of the suit and the date of hearing. The defendant had allowed ex parte decree to pass against him and had no ground available to pray for setting aside the ex parte decree.
Process of Khula in Pakistan:
Regarding the dissolution of Christian marriage in Pakistan or process of khula in Pakistan the provisions contained in West Pakistan Family Courts Act, 1964 does not have overriding effect over the Divorce Act, 1869 because the former was provincial legislation that could not oust the explicit provision of a Central Statute, i.e., Divorce Act, 1869. West Pakistan Family Courts Act, 1964 is a beneficial legislation object to provide a faster remedy in matrimonial disputes. West Pakistan Family Courts Act, 1964 applies to the marital conflict of spouses belonging to the Christian faith subject to the condition that the Act under which they are claiming their relief is not inconsistent with the provisions of West Pakistan Family Courts. Act, 1964 and on the same analogy where a specific condition is available in the Divorce Act, 1869, shall prevail in a conflict with West Pakistan Family Courts Act, 1964 for dissolution of Christian marriage in Pakistan or process of khula in Pakistan. Nothing is available in the Divorce Act, 1869, which expressly excludes the forum of Family Court and the argument that the Divorce Act, 1869 provides explicitly.
Civil Court:
Civil Court as a forum for the determination of disputes was misconceived. West Pakistan Family Courts Act, 1964 was not in conflict with either power of the Civil Court or the procedure laid down in C.P.C. Rather, it has given a separate forum for early disposal speedy mechanism to adjudicate the matrimonial disputes of dissolution of Christian marriage in Pakistan or process of khula in Pakistan. Present petition related to the dissolution of marriage under S. 22 of the Divorce Act, 1869, and unlike S. 10, it does not provide restriction of the forum.
