Dissolution of Marriage in Pakistan:
Dissolution
of marriage in Pakistan by husband in form of khula in Pakistan or mubarat
is valid. Notice of dissolution ofmarriage in Pakistan to Chairman is essential. Contention that in case of
dissolution of marriage by husband in form of khula/mubarat, proceedings would
not be necessary Escaping the liability of damages as mentioned in Column No.
19 of Nikahnama onus to prove was on husband in case of dissolution of marriage
in Pakistan. Right of divorce in Pakistan was exercised by husband. Wife claimed
damages on the account that she was divorced without any reason or ground and
was entitled to damages as were mentioned in Column No. 18 of Nikahnama. Family
Court dismissed the suit but Appellate Court allowed the appeal and the suit
was decreed in favor of the wife Validity.
The only reason that the husband divorced his wife that
he wanted to avoid the amount of damages as specified in the nikahnama.
Appellate Court had rightly held the husband able under the condition contained
in Column No. 18 of Nikahnama. Revision jurisdiction was directed against
irregular exercise, exercise or illegal assumption of jurisdiction and not
against conclusion of fact or law, not involving question of jurisdiction.
Judgment passed by Appellate Court was reasonable, conclusions-drawn were based
on evidence and were supported by plausible reasoning and did not suffer from
any jurisdictional infirmity, High Court in exercise of revision Jurisdiction
declined to interfere with the judgment passed by Appellate Court in favour of
the wife. Revision was dismissed after the dissolution of marriage in Pakistan.
Maintenance in Some Specific Condition:
Award of maintenance by Arbitration Council as ordered
by District Collector for period when marriage was subsisting. Husband had
divorced in Pakistan to wile on 28.1.1991 when she was pregnant and proceedings
before Arbitration Council remained pending till 6.8.1992 although child was
born to wife in August, 1991 and divorce pronounced by husband had become
effective in August, 1991. Divorce in Pakistan having become effective on the
delivery of child. Period of maintenance was to be counted from 28.1.1991 till
August, 1991. Decree of maintenance was however, modified by High Court as the
original decree was based on miscalculation in the case of dissolution of
marriage in Pakistan.
Question of Legality of Divorce in Pakistan:
Chairman cannot decide question of legality of divorce in
Pakistan said to have been pronounced by husband nor can he issue question
divorce certificate in Pakistan. Proceedings u/s. 7 is primarily designed
towards bringing about reconciliation between Spouses. With death of husband
after communication of divorce notice to Chairman the question of
reconciliation would not arise. Proceedings before Chairman even if pending
would stand frustrated in case of dissolution of marriage in Pakistan.
More about This Processes:
Petitioner wife did not make any step to challenge
order of Chairman Union Committee ordering divorce in Pakistan to become
effective and order of Chairman became final, Petitioner agitated the matter in
Constitutional petition after a period of six years. Order of Chairman, held,
could not be allowed to be challenged after such a long time. Cases wherein
transactions had become past and closed due to efflux of time could not be
reopened. Finality had to two Adult males to hear said the divorce in Pakistan
and the case of dissolution of marriage in Pakistan was decided.
For more information Visit:
https://suitoflegallaw.blogspot.com/2020/01/legal-way-to-solve-cases-of-suit-of.html
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