Family Procedure of Divorce in Pakistan:
If you wish to know the family procedure of divorce in Pakistan or khula in Pakistani law, you may contact Jamila Law Associates. A woman had signed the marriage contract with her husband in October but did not stay with him as, after her departure, the family of the wife’s ex-husband discovered that her husband was still in relations in a relationship with “women of ill repute.” This procedure of divorce in Pakistan or khula in Pakistani law led to a significant conflict among the families and the husband’s father was unable to allow her to reside with an immoral husband.
Family Dispute:
This incident was part of the larger family dispute, which began in the pre-Partition period of Pakistan. The families that included the couple came from the same region and lived in the same area of Pakistan. In January, the wife applied for dissolution of marriage as per the DMMA with two grounds: That the husband was not able to pay his wife’s bills for over two years (Clause ), as well as The husband was in contact with women of poor reputation (Clause B) After she filed the case, the husband then filed his own, this time in a criminal court.
Father in Law:
The husband claimed his father-in-law and brother-in-law had deceived him out of the money which the husband gave to his family members to buy jewels in his honor for his wife. This dispute on procedure of divorce in Pakistan or khula in Pakistani law eventually led to an agreement between the two parties, which resulted in his husband forging an agreement to rescind his criminal charge and release his family members out of detention for pre-trial in the event that the issue of the funds was transferred to civil courts.
Khula in Pakistani Law:
The case as per the procedure of divorce in Pakistan or khula in Pakistani law was before the court for several years, and in the meantime, on August 1, the husband petitioned his lawsuit seeking the restoration of the rights of the couple. The court of appeals decided to combine the two cases and made a ruling against the wife, and granted a divorce on the primary ground that her husband had not been able to pay her the maintenance she was due.
Court:
The court on the procedure of divorce in Pakistan or khula in Pakistani law ruled against the second reason because there was no substantial evidence that could be presented to the court. It also ordered the spouse to pay their (now ex-) wife the appropriate maintenance she was due at this time. The husband sought an appeal in the District Court, blaming the wife for having never come to stay together in the first location. It was she, not her husband, the one who was responsible for the fact that she did not receive the money for maintenance. Since she didn’t live alongside him, he was left with no chance to pay for it.
Restitution of Rights conjugal:
He also sought restitution of his rights as a conjugal. The court on the procedure of divorce in Pakistan or khula in Pakistani law ruled in his favor and denied the claim for financial compensation from the wife. However, the court did not restore the rights to conjugal relations of the husband, saying it was because “relations between the parties had become so strained that it would not be proper to pass a degree in favor of the husband for restitution of conjugal rights.”
