Get Know About Halala After Khula Procedure in Pakistan

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.