How to Pakistani Husband Have Approach To Get Divorce in Abroad:
High Court directed that husband
should approach the Pakistan Mission in the country (abroad) to register the divorce
in Pakistan pronounced by him upon the wife and for reconciliation
proceedings visualized under Muslim Family Laws Ordinance, 1961 to be
undertaken there. Proceedings before Chairman Union Council for divorce in
Pakistan, in circumstances, were declared to be incompetent. Failure of
reconciliation attempts effect divorce in Pakistan. Apart from recorded
material and failing of two attempts at reconciliation in Courts below,
question answer meeting with respondent in Court sufficiently reinforced
Court's impression that damage already done was beyond repair i.e. no prospects
in the offing for a happy restoration of relations between estranged spouses.
High Court Orders About Divorce in Pakistan from Abroad:
To separate spouses would be
better than to force them to live in an atmosphere perpetually surcharged with
mutual distract and hatred towards each other, where circumstances so
warranted. Marriage bereft of its attendant bliss served no useful purpose;
rather such atmosphere would negate and in defeat its purpose. Even
considerable passage of time since commencement of action of Court could not
heal wounds and bridge existing differences. Time had in fact widened the gap.
Marriage between spouses in such state of human affairs seemed to have broken
down. Lower Appellate Courts, although did not properly read record in regard
to second marriage of husband yet Court's conclusions on overall view of
existing circumstances were not faulty. No reliable evidence was produced on
record in support of benefits to be returned for grant of Khula
in Pakistan divorce, nor was such claim laid in written statement.
Despite some defects in impugned judgment occasioned by incorrect, reading of
record, yet upon a careful review and overall analysis of all the circumstances
of case, no interference in equitable jurisdiction of Court was called for.
About Law of Divorce and Khula Procedure in Pakistan:
Constitutional petition was
dismissed in circumstances. Post trial reconciliation. From evidence it appears
that respondent No. 1 was not prepared to rejoin petitioner. She expressed her
unequivocal determined disinclination for petitioner. Held, efforts for
reconciliation at post trial stage would have been a mere formality. Post trial
efforts for reconciliation, Court's failure to make. Wife seeking dissolution
of marriage on the basis of khula in Pakistan had expressed in her evidence
unequivocal determined disinclination for her husband and was not prepared to
rejoin him.
Some Rules of Trial Court for Divorce and Khula in Pakistan:
Children who could otherwise have
served as a uniting factor also did not succeed to bring spouses together.
Court after close of evidence had not made efforts for reconciliation between
parties. Held, it was mere irregularity on part of Trial Court which could not
effect decision of Court on merits. 9 Judge Family Court decreeing Khula
divorce-No efforts having been made for Compromise reconciliation. Petitioner
assailing the same through Constitutional petition thereby contending that the
Trial Court had not justifiably closed his evidence. No efforts having been
made for compromise or reconciliation. Further the existing evidence not
justifying the grant of Khula divorce. It was held that there was no substance
in such contentions, further held that provisions in the Family Courts Act
aimed at quick settlement of family disputes. The judgment which proceeded on
correct analysis of the evidence since suffered from no misapplication of law
there was no reason to interfere therewith. 1. Suit for dissolution of
marriage. Suit for dissolution of marriage, recovery of dower and dowry
articles was decided. Pre-trial re-conciliation proceedings failed, suit for
dissolution of marriage was decreed on ground of Khula in Pakistan. Direction
to return of five tolas gold in lieu of Khula in Pakistan was upheld.
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