Get Conjugal Right For female After Khula Procedure in Pakistan


Conjugal Right & Khula Procedure in Pakistan:

The decree, held, executable only on fulfillment of conditions and before that wife was entitled to live apart from husband and refuse marital obligations to him. Husbands case for restitution of conjugal rights was decreed while wife’s suit for dissolution of marriage on several grounds, including that of Khula procedure in Pakistan was dismissed. The Khula Pakistani Law & Khula Pakistan Family Law is almost in Favour of Wife for Khula in Pakistan. The Khula Process in Pakistan & Procedure of Khula in Pakistan is Not a Complicated.

District Judge:

District Judge, on appeal, decreed the suit of wife on the ground of Khula procedure in Pakistan, setting aside decree passed in a lawsuit filed by the husband. The revision petition of the husband before the High Court was also dismissed. The main ground put by the husband was that at the time of Nikah’s dower amount was fixed at Rs.1, 500 and he discharged this liability by giving her a house. And that while granting decree to her in Khula procedure in Pakistan, District Judge should have directed the return of house to him. In decree given to the wife, District Judge made a direction to wife to deposit Rs.1,500 in Court by a certain date as Zari-Khula in Pakistan. High Court before whom the same grievance had been made noting that the house’s value was the same as the dower amount and declined interference.

Appeal Court:

Leave to appeal refused by Supreme Court. Case for restitution of conjugal rights decreed and for possession of movable properties etc., excluding money decree passed by a Family Court are to be executed according to C.P.C. 11. Husband’s case and suit for restitution of conjugal rights transferred ex parte to the wife’s residence. The plea raised by the wife was that she was entitled to a house measuring two kanals and 100 kanals of agricultural land. The husband made no successful suggestion was made to the wife by the husband when she was subjected to cross-examination by specifying entries made in Nikahnama to be incorrect except a general guidance and not specific regarding the house and agricultural land. Against the husband’s denial about entries regarding house and agricultural land, there was sufficient evidence, both quantitative and qualitative, in favor of the wife. The appeal was allowed. Plaintiff sought a declaration of title in her favor to suit property on the ground that the same had been given to her instead of her dower.

Defendants contended & Family Court:

Defendants contended that the suit was not maintainable before the Court of plenary jurisdiction, and only Family Court had the authority to deal with the recovery of dower. Under S. 5 of West Pakistan Family Courts Act, 1964, Family Court had the exclusive jurisdiction to try matters enumerated in the First Schedule. Dower was an item mentioned in the Schedule. Therefore, the exclusive jurisdiction to entertain the suit was with Family Court.

West Pakistan Family Courts Act:

The jurisdiction vested in Courts under Special law, i.e., West Pakistan Family Courts Act, 1964, ousted plenary jurisdiction of Civil Court. Such jurisdictional boundaries had to be maintained, and any proceedings before a forum lacking jurisdiction could not be permitted to continue. Proceedings before Civil Court was Coram nonjudice and void ab initio. In the exercise of revision jurisdiction, High Court set aside the order passed by Trial Court, and application under Order VII, Rule 10, C.P.C. filed by defendants was allowed. Plaint was returned to the plaintiff to file the same before Family Court of competent jurisdiction. The revision was permitted in the circumstances.


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