Legal Solution for Dissolution of Marriage in Pakistan:
Dissolution of marriage in
Pakistan on ground of Khula is acceptable. Repeated statement by wife in her
pleadings, her testimony and her statement at the bar that she was not prepared
to live with her husband would be enough proof of her determined aversion
against her husband justifying Khula in Pakistan. Denial of Khula in Pakistan
decree in such case would serve no purpose as by such denial and allowing
decree for restitution of conjugal rights, she cannot be compelled to go back
to her husband and have harmonious matrimonial life. Held, in present case that
preponderance of evidence was weighty in favor of wife's claim for Khula in
Pakistan and lower Courts erroneously rejected it. Disparity of ages in a case
where wife is less than 18 years and husband is more than 40 years of age, can
be treated as hatred justifying dissolution
of marriage in Pakistan on grounds of Khula.
Judgment of Family Court for Dissolution of Marriage in Pakistan:
Decree of dissolution of marriage
in Pakistan passed by Family Court on ground of Khula in view of disparity of
ages was valid. It was upheld by High Court with finding that circumstances of
case did not call for exercise of writ jurisdiction. Dissolution of marriage in
Pakistan through ground of Khula was right of female. Dissolution of marriage
in Pakistan through ground of Khula, ordered by High Court in writ jurisdiction
was upheld. Husband seeking leave to appeal to Supreme Court against judgment
of High Court with contention that High Court judgment was not sustainable as
no direction for return of monetary benefits by wife to husband had been made
in favor of husband. Held, Husband had not insisted upon at proper stage for
determination of exact benefits received by wife nor for their return and as
such no relief could be given to him by High Court in its writ jurisdiction
with result that High Court judgment was unexceptionable.
More about Law for Dissolution of Marriage in Pakistan:
Judgment of Family Court impugned
in writ jurisdiction with contention that term of Khula had not been examined
in Dissolution of marriage on ground of Khula was in accordance with law. Held,
in view of law laid down by Supreme Court in NLR 1983 Civil S.C. 305, impugned
judgment did not suffer from a vitiative factual or legal infirmity. Evidence
clearly showing that wife was not ready to live. Evidence clearly showing that
wife was not ready to live with husband. Held, decree of Family Judge
dissolving marriage by way of Khula was not liable to interference in writ
jurisdiction. 46. For allowing wife authority to exercise right of Khula'. For
allowing wife authority to exercise right of Khula', reasonable proof held,
must exist, sufficient for satisfaction Court showing incompatibility of
temperament indicating total lack of sympathy, between of husband and wife,
resulting in resistance to mutual adoption, Qur'an Sura Baqr, Verse 229.
Dissolution of Marriage via Khula:
Dissolution of marriage on plea
of Khula', would be available only, if Conscious attempt was made by wife to
exercise such right in this behalf and not otherwise. Unless wife comes forward
to specifically claim right of Khula' decree could not be allowed merely on
Court's motion. Wife is entitled to dissolution of marriage on ground of Khula.
Court must pass Khula decree if wife satisfies conscience of Court that it
would otherwise mean forcing her into a hateful union. Wife with resolute
firmness in irretrievable terms ruling out possibility of living with husband
as spouse was upheld. Held, dissolution of marriage on ground of Khula in
Pakistan such case would be unexceptionable.
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