Circumstance of Procedure of Khula in Pakistan:
Judgment of Courts below was not sustainable in circumstance of procedure of khula in Pakistan. Case of procedure of khula in Pakistan was remanded to the lower court for grant of Khula to wife requiring her to make good the appropriated dower money to husband in consideration of decree in the case of procedure of khula in Pakistan. Here For Khula in Pakistan, U need to Follow the Khula Pakistani Law & Khula Pakistanq Family Law. Perform the Khula Process in Pakistan & Procedure of Khula For Overseas Pakistani With the Help of Best Female Lawyer. But You need to Know that How to Prepare the Khula Form in Pakistan & Khula Application Form in Pakistan By Top & Expert Lawyer.
Such direction is against the terms of Nikahnama, and overall evidence on record whereby dower money was stated to be deferred was set aside. The wife has already given up her dower debt and maintenance allowance to obtain Khula; nothing was due to law from her husband/respondent. The wife must assert before Court her right to claim the procedure of divorce in Pakistan based on Khula’s apprehension. Conditions for grant of Khula; the wife must assert before Court her right to Claim divorce based on Khula’ apprehension of Court that husband and wife could not live together within the limits of Allah, and wife was ready to restore whatever she had been given instead of her marriage with the husband.” Interference by High Court in writ jurisdiction was not allowed.
The Constitution should not be exercised in a case of divorce procedure in Pakistan or for issuance of Nadra divorce certificate in Pakistan. The procedure of khula in Pakistan on the ground was justified. As regards the plea of return of benefits, it was held that there was neither sure claim neither laid in written jurisdiction. The statement was not proved. With subject by the husband to physical and mental torture, habitually treated with cruelty, turned out of houses at ‘S and consequently compelled to take refuge and shelter in her parent’s house at ‘M. Wife living at M for over three years before the institution of the suit. Ordinary place of residence of wife, in the circumstances, held M and not S and suit for khula procedure in Pakistan and maintenance could be filed against husband at M. 1.
Shia School of Thought:
Pronouncement-Shia Sect. petitioner was that according to Shia School of Thought, Contention of the petitioner the husband had not pronounced divorce in Arabic language (Seegha) in the presence of two witnesses. Leave to appeal was granted by Supreme Court to consider the appeal contention of the petitioner. Talaq pronounced in the absence of wife and conveyed to her in writing is a valid Under Shia Lawa Talaq is of no effect unless it is pronounced: strictly following Sunnah(i) in Arabic terms UI)in the presence of at least two adult male witnesses. Shia cannot pronounce the procedure of divorce in Pakistan in the presence of his wife in the prescribed manner. Then it can be pronounced in the presence of two male witnesses and communicated to her in writing. (Such an inability should be proved on record).
Procedure of Divorce in Pakistan:
The procedure of divorce in Pakistan made by the Shia husband not conforming to the requirement of Shia Law is as much as two Adult males did not hear it and, therefore, the respondent (wife) could not be said to have ceased to be his wife. In the divorce procedure in Pakistan, the divorce pronounced in contravention of this form is not valid. Under Shia Law, Talaq divorce, which is not communicated in a prescribed form and manner, is not valid. Amir Ali, in his book Muhammadan Law, Vol. I say: “They do not allow divorce in Pakistan to be given in writing nor in any language other than Arabic when there is the ability to pronounce the words necessary for a valid repudiation. Even an absent husband cannot affect a valid divorce in writing. He must pronounce the words in the presence of the witnesses. The fact of his doing so may be recorded in writing, which may be forwarded to the wife, or it may be intimated to her otherwise. In this regard, reference is made to Saksena’s Muslim Law as administered in British India” who has commented as follows: Husband giving notice of Talaq to Chairman Arbitration Council who issued notice to the petitioner and ultimately issued Nadra divorce certificate in Pakistan was held valid. The Talaq was made effective on issuance of Nadra divorce certificate in Pakistan.
Nadra Divorce Certificate:
The chairman held no jurisdiction to issue a Nadra divorce certificate in Pakistan declaring effectiveness or otherwise of divorce. Valid divorce can take effect only upon the fulfillment of the conditions laid down in Section 7 of the Family Laws Ordinance, 1961. A Shia man and Christian woman at England before Registrar of Marriages if perfectly valid. If the wife remains Christian, her marriage can be dissolved only under Divorce Act. if she renounces her religion for Islam, the Muslim Law of Divorce will become applicable because both parties are Muslims. Effectiveness of Talaq Shia law happens when Nadra divorce certificate in Pakistan is issued. The Divorce in Pakistan was made effective by the chairman, held, the chairman has no jurisdiction to issue a Nadra divorce certificate in Pakistan declaring effectiveness or otherwise of divorce.
Family Laws Ordinance:
The valid divorce procedure in Pakistan can take effect only upon the fulfillment of the conditions laid down in Section 7 of the Family Laws Ordinance, 1961.The pre-condition for the applicability of section 7 is that there should be a pronouncement of Talaq. Only after a Talaq has been pronounced, machinery under section 7 can be put in motion. The Talaq should not be invalid. If it is invalid on the face of it, then even the chairman should not issue a certificate. The requirement of valid Talaq under Shia Law is that it should be pronounced in Arabic words in the presence of two adult presence/attendance of wife cannot be procured, then-husband can pronounce Talaq (divorce) in specific Arabic words which are known as “Khutba Talaq’, but in the presence of two male witnesses. Such Talaq (divorce) can be reduced into writing and forwarded to the wife, or the same may be intimated otherwise.
The wife was not present at the time of pronouncement of Talaq. Notice addressed to wife with a Copy to Chairman, Union Committee, mentioned therein the pronouncement of divorce but was silent that it was made in the presence of any witness. The divorce deed made recital of the fact of having divorced the wife orally, but, in the body of said deed, there was no mention that divorce was given in the presence of any witness. However, it did mention at the end names of witnesses, and there also appeared two signatures purported to be of said witnesses.