Right of Khula Procedure in Pakistan:
For allowing wife, authority to
exercise the right of Khula in Pakistan there must exists reasonable proof
sufficient for the satisfaction of judge (Court) showing incompatibility of
temperament including total lack of sympathy between husband and wife resulting
in resistance to mutual adoption in case of khula in Pakistan. Intense hatred,
serious discord, extreme disliking, strong malice explicitly indicating
impossibility of future harmonious relationship between the parties in
accordance with limits prescribed by God must exist.
Exercise of right of Khula in
Pakistan is subject to restoration of partial or total benefits
received by the wife in connection with marriage. Plea of previous divorce in
Pakistan taken by husband was not accepted. Plea of previous divorce in
Pakistan taken by husband in written statement in proceedings initiated by wife
for maintenance was not upheld. It cannot at all be treated as pronouncement of
divorce in Pakistan by husband to wife on date of filing of written statement
in Court, followed by delivery of copy thereof to wife. Neither marriage
between parties stands dissolved on date of filing of written statement. Nor
does liability of husband to pay maintenance comes to an end on that day.
Procedure for Khula under the Law of Pakistan:
In the instant case the Muslim
wife filed an application for maintenance under S. 125 for herself and her
children. The husband filed a written statement on 05-12-1990 wherein he made
certain generalized accusations against the wife and stated that ever since the
marriage he found his wife to be sharp, shrewd and mischievous, accused the
wife of having brought disgrace to the family, the husband stated that the
answering respondent, feeling fade up with all such activities unbecoming of
the wife-petitioner, has divorced her on 11-07-1987". The particulars of
the alleged divorce in Pakistan were neither pleaded no circumstances under
which and the persons, if any, in whose presence divorce was pronounced have
been stated. Such deficiency continued to prevail even during the trial and the
husband, except examining himself, adduced no evidence in proof of Divorce said
to have been given by him on 11-07-1987.
Women’s Right for Khula in Pakistan:
There are no reasons
substantiated in justification of Divorce and no plea or proof that any effort
at reconciliation preceded the Divorce. Held, the Divorce to be effective has
to be pronounced. The term “pronounce” means to proclaim, to utter formally, to
utter rhetorically, to declare to, and utter to articulate. There is no proof
of Divorce having taken place on 11-07-1987. A mere plea taken in the written
statement of a divorce having been pronounced sometime in the past cannot by
itself be treated as effectuating divorce on the date of delivery of the copy
of the written statement to the wife. The husband out to have adduced evidence
and proved the pronouncement of Divorce on 11-07-1987 and if he failed in
proving the plea rose in the written statement, the plea ought to have been
treated as failed. A plea of previous divorce taken in the written statement
cannot at all be treated as pronouncement of divorce by the husband to wife on
the date of filing of the written statement in the Court followed by delivery
of a copy thereof to the wife. So also the affidavit, filed in some previous
judicial proceedings not inter parte containing a self-serving statement of
husband, Could not have been read in evidence as relevant and of any value.
Thus neither the marriage between the parties stands dissolved on 05-12-1990
nor does the liability of the husband to pay maintenance comes to an end on the
day.
What’s the rule for Husband after her Wife takes Khula:
Husband shall continue to remain
liable for payment of maintenance until the obligation comes to an end in
accordance with law. Wife who has cultivated hatred and aversion against her
husband as a result of her maltreatment by her husband would be entitled to
dissolution of marriage on ground of Khula. Order of Family Court dissolving
marriage on ground of Khula in Pakistan and dismissing husband's suit for
restitution of conjugal rights upheld by High Court by dismissing writ petition
filed by husband to challenge Khula decree in view of such facts and unhappy
relations between the couple, there existed genuine cause for their separation
on the basis of Khula'. Dissolution of marriage on the basis of Khula in
Pakistan was granted
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