Re-Union after Khula in Pakistan:
Dissolution of marriage on ground
of Khula in Pakistan is right of wife. Re- union after khula
in Pakistan is also possible. Review of the judgment by High Court,
application for. Suit filed by the plaintiff for dissolution of marriage on
ground of Khula in Pakistan was decreed by the Family Court. Defendant
challenged judgment and decree of the Family Court in Constitutional petition,
which petition having been dismissed by the High Court; the defendant had filed
application for review of the judgment and decree on the ground that parties
had decided for re-union. Plaintiff on whose request marriage was dissolved on
the ground of Khula, conceded the request of defendant and stated that parties
had settled of their dispute and decided of Khula'.
Some Condition of Khula Which known as “Talaq-ul-Ba’ayen”:
Pronouncement of Khula' by the
Court was a single divorce, as the defendant husband never accepted it
voluntarily. Such kind of dissolution of marriage was known as
"Talaq-ul-Ba'ayen Before re-union in such-like cases Halala in Pakistan
was neither condition precedent nor the decree of Khula' was a hurdle in the way
of re-union. No provision of law precluded the spouses from re-union, however,
only condition was to perform a fresh Nikah. Since re-union of the parties
after decree of Khula was a result of a fresh contract, the judgment and decree
had no restraining effect upon remarrying. Review of the judgments and decrees
was not needed in circumstances. When the judgments and decrees attained
finality, same would automatically become operative. Marriage having been
dissolved, the judgments and decrees had become past and closed transactions.
Once the judgment and decree had been implemented, those would not remain in
field. No question of review thus would arise, in circumstances.
How to do Halala in Pakistan?
Remarriage with same husband
would be subject to the performance of another Nikah. Section 7(6) of Muslim
Family Laws Ordinance, 1961 allows such reunion without Halala
in Pakistan and there is no restraint either in the Muslim Family Laws
Ordinance, 1961 or the Injunctions of Quran and Sunnah not to allow the prayer
of the husband for reunion with his wife when she is ready to live again as his
wife within the limits of God Couple, in the present case, has lived apart for
the last 11 years on account of the dissolution of their marriage through a
decree, they have an easy option and can annul the legal effect of the decree
in question by solemnizing another marriage as there is no physical, moral or
legal obstacle in their way to do so and Such is the only legal course open to
them. 3 Reunion between spouses was not
possible.
After Khula about Halala?
Dissolution of marriage on ground
of Khula is a single divorce. Conscience of Judge Family Court satisfied that
reunion between spouses was not possible and that they could not live together.
Held, Khula decree was unexceptionable and did not merit interference in writ
jurisdiction. The law previous to the enforcement of Muslim Family Laws
Ordinance, 1961 made it obligatory for couples divorced by any mode of
"Talaq" other than Talaq-i-Ahsan not to remarry of both again until
the wife marries another person by a contract legally valid and then afterwards
dies or divorces her after having sexual intercourse and she marries her 1st
husband after the period of lddat. Before re-marriage, the parties had to prove
that the bar to their marriage was removed by an intermediate marriage,
consummation and dissolution, otherwise their marriage was not considered
valid. In the case of divorce through Khula it is not obligatory on the wife to
re-marry a third person before entering into re-marriage tie with her first
husband.
