Pakistani Law About Khula and Divorce Procedure:
To conduct and know the Pakistani law about khula or divorce procedure in Pakistan you may contact Jamila Law Associates. Petitioner had applied to set aside the judgment and decree of khula’ after a delay of more than 30 days. The petitioner’s conduct towards the respondent’s suit showed that he deliberately avoided appearing despite service of notice through different modes, including publication in Pakistani law about khula or divorce procedure in Pakistan.
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Petitioner:
Petitioner again delayed the application for setting aside ex-parte judgment and decree within the stipulated period of 30 days. Petitioner was required to explain each day’s delay, but he failed to do so by not applying for condonation of delay under S. 5 of Limitation Act, 1908.
Family Court Act:
Section 14(2)(a), Family Courts Act, 1964 prohibited filing of appeal in case of dissolution of marriage on any ground except the one in clause (a) of the item (ii) of S. 2 of Dissolution of Muslim Marriages Act 1939. The object of the legislature not providing provision as to appeal in case of dissolution of marriage is to protect women from prolonged and costly litigation in Pakistani law about khula or divorce procedure in Pakistan. The constitutional petition, being not maintainable, was dismissed in limine. S. 2 (vii). Option of puberty. The minor girl who was given in Watta Satta, marriage by her father, exercised her right of option of puberty on attaining the age of 16 years and before 18 years. Marriage was dissolved on the ground of Khula’.
Divorce Procedure in Pakistan:
Regarding the Pakistani law about khula or divorce procedure in Pakistan the contention that undertaking on stamp paper given by the girl’s father should consider Khula’. Validity. Such an undertaking of father would not bind the minor girl given in “Watta Satta” marriage. Only the benefits received could be considered to be the consideration for Khula’. The constitutional petition being devoid of force was dismissed in limine.” S. 2(i)(iv)..
Appellant:
Appellant had assailed the order of a single Judge of High Court. It observed that the wife, who sought dissolution of marriage based on khula’, could not be deprived of her valuable right as to the dower amount. The wife had filed suit for dissolution of marriage under the provisions of S.2() & (iv) of Dissolution of Muslim Marriages Act, 1939 and Pakistani law about khula or divorce procedure in Pakistan. Marriage under the said provision of the law could not be dissolved based on pleadings of the parties and the failure of conciliation between the parties. Grounds urged that the suit could only be decided when it framed issues, led evidence, and conducted the trial. Based on khula ‘, marriage under S.10(4) of West Pakistan Family Courts Act, 1964 could be dissolved in a summary proceeding.
Requirements:
The only requirement in such proceedings was to provide an opportunity for reconciliation. As a consequence of the failure of reconciliation decree for dissolution could be passed in Pakistani law about khula or divorce procedure in Pakistan, and in that event, the wife had to forego her claim of dower. In the present case, Family Court had adopted the procedure as provided in the West Pakistan Family Courts Act, 1964.