Procedure for Khula Decree in Pakistan:
To conduct the procedure for khula decree in Pakistan or divorce procedure in Pakistan you may contact Jamila Law Associates. High Court declined to interfere in the concurrent judgments passed by the two courts below as there was no illegality or irregularity. The constitutional petition of khula decree in Pakistan or divorce procedure in Pakistan was dismissed in the circumstances. S. 2(i). Suit for dissolution of marriage on the ground of non-payment-of maintenance is valid. The court has the power to impose any condition on the wife.
Record Proved:
The record proved that the plaintiff (wife) was entitled to maintenance but had not been maintained by the husband for more than two years. Plaintiff, in the circumstances, was entitled to khula decree in Pakistan or divorce procedure in Pakistan on that ground. Once it found that the wife was entitled to dissolution of marriage on the ground of non-maintenance, any direction by the court to the plaintiff lady to forego her dower and maintenance would be better without lawful authority. S. 2(i-a). The second marriage of husband as a ground for dissolution of marriage.
Wife:
The wife contended that the husband had contracted second marriage without her consent. The Trial Court decreed the suit. Husband had failed to rebut the presumption attached to the entries of Nikah Nama. The husband had not taken consent or permission from the wife to solemnize a second marriage. Ground enumerated in S. 2(ii-a) of the Dissolution of Muslim Marriages Act, 1939 alone was sufficient for khula decree in Pakistan or divorce procedure in Pakistan. The constitutional petition was dismissed.” S. 2(i-A). Suit for dissolution of marriage, dower, and maintenance, the second marriage of the husband without permission of the first wife is unlawful.
Divorce Procedure in Pakistan:
Regarding the khula decree in Pakistan or divorce procedure in Pakistan the second marriage of husband is a ground of cruelty. Clause 2(i-A) of S.2 of the Dissolution of Muslim Marriages Act, 1939, entitled Muslim women to obtain a decree for dissolution of marriage 270A of the Constitution validated. Clause 2(ii-A) of S.2 of the Dissolution of Muslim Marriages Act, 1939 was no longer part of the statute. Taking of the second wife in marriage, in the presence of first-wife, even without permission or consent of the first wife, was no more valid ground for dissolution of marriage.
West Pakistan Family Courts:
Under S.10(4) of the West Pakistan Family Courts Act, 1964 court would as a khula decree in Pakistan or divorce procedure in Pakistan forthwith and restore to husband Haq Mahr received by wife in consideration of marriage. Where rukhsati had not taken place and wife was unwilling to live with husband to fulfill the marital obligation while dissolving marriage at pre-trial reconciliation stage, the court was obliged to restore Mahr/dower to husband rather than proceeding with the trial to determine cruelty of husband. Having been dissolved based on Khula’s wife, the marriage was not entitled to the khula decree in Pakistan or divorce procedure in Pakistan for recovery of dower and maintenance. The wife had to return the articles and property received instead of a dower. Where it had not consummated the marriage, the wife was not obliged to observe iddat.