Khula Procedure in Pakistan due to Impotency:
Advocate Nazia, an expert family lawyer, can be contacted for the khula procedure in Pakistan in which, ultimately divorce certificate in Pakistan is issued. (1) Impotency not alleged, the order of the Family Court based on no evidence and set aside- 7 (2) Court not obliged to give suo motu opportunity to husband within a year of order that he ceased to be impotent. The petitioner does not appear to have asked for such an opportunity, and the court has declined. Therefore, the contention was held without force. Jurisdiction: (1) The cause of action for filing suit in cases of khula procedure in Pakistan in which ultimately divorce certificate in Pakistan arises to a husband against wife, where husband lives and wife refuses to live with him.’
Suit For Khula Proceudre:
(2) Suit for khula procedure in Pakistan in which ultimately divorce certificate in Pakistan, territorial jurisdiction words “ordinarily resides” in the proviso to rule (6) of the Family Courts Rules, means the length of residence of a place is not material. Suit for dissolution filed by the wife from her place of residence, which is different from her place of marriage, is competent. Husband associating with women of ill repute and leading infamous life, where such association or the leading of infamous life takes place. The decision about jurisdiction in cases of khula procedure in Pakistan in which ultimately divorce certificate in Pakistan is merely a procedural matter and not affecting the decision on merit, not prejudice caused to the petitioner
Khula:
There being controversy between the parties over non-payment of dower amount same could be considered as consideration of khula to which plaintiff had readily agreed and stated that the amount of dower could be deemed to have been relinquished. The plaintiff, having been leading a deserted life for the last seven years, was vehemently contesting litigation to go out of marital bondage, which led credence to her stance, marriage dissolved based on khula procedure in Pakistan in which ultimately divorce certificate in Pakistan.
Evidence:
Even evidence to that effect was brought on record, and that consideration for khula had not been spelled out in the court’s judgment below stands repelled. The plaintiff categorically averred that parties could not live together as spouses. Therefore, the plaintiff was entitled to the dissolution of marriage. The plaintiff in her testimony had firmly deposed as to having entertained irrevocable hatred towards the defendant, thus ruling out the possibility of living together as spouses within limits prescribed by the God Almighty.
Plaintiff Marriage:
Therefore, the plaintiff’s marriage was rightly dissolved in the khula procedure in Pakistan, which ultimately resulted in a divorce certificate in Pakistan. While decreeing wife’s suit on the ground of khula, the appellate court did not find husband restoration of benefits. Although in a written statement, the husband had categorically stated that the wife had taken away golden ornaments and a specified amount. Yet no demand was made by him, either in the written statement or as a witness for the restoration of those benefits. The appellate court was correct in observing that no benefits were to be restored to the husband.’ The wife had contracted second marriage after such dissolution, and that fact was in the husband’s knowledge with no hope of living a harmonious life.