Effect of Khula Before Rukhsati:
For the khula before rukhsati or procedure of divorce in Pakistan you may contact Jamila Law Associates. Effect Decree for dissolution of marriage based on cruelty converted into Khula. The Khula procedure in Pakistan and Khula Process in Pakistan is Very simple and easy for the wife. Overseas Pakistani follow the Khula Pakistani Law and khula Procedure for overseas Pakistani to solve the khula suit. The wife filed a suit for the dissolution of her marriage under the Dissolution of Muslim Marriages Act, 1939, based on cruelty. Khula before rukhsati or procedure of divorce in Pakistan is the same as khula after rukhsati. Family Court found that wife had failed to prove cruelty but still decreed the suit on the basis that the relations between the parties had become strained and there seemed no possibility of a reunion.
Might Transgress:
If they were constrained to Iive together, they might transgress the limits of Almighty Allah, and their union may not last long. Hence, their separation had become inevitable. The decree passed by Family Court for khula before rukhsati or procedure of divorce in Pakistan was upheld both by the Appellate Court and the High Court.
Family Court and Dissolution of Marriage ACT:
Family Court had concluded that indeed no cruelty could be proved by the wife, hence in such circumstances, the Family Court could hardly grant a decree for dissolution of marriage based on cruelty under the Dissolution of Muslim Marriages Act, 1939. The only way out and the logical conclusion was that the marriage should have been dissolved based on Khula, in which event the wife would have to forego the dower amount. Supreme Court decreed the wife’s suit for dissolution of her marriage based on Khula only and directed that mutation for the plot given by the husband to his wife as dower would now revert to the husband. Order accordingly.” S. 2(vii). Dissolution of marriage on the ground of cruelty in khula before rukhsati or procedure of divorce in Pakistan is invalid. Cruelty could not be proved by direct evidence, but it was inferred by conduct, behavior, and temperament of husband with the wife while living together.
Procedure of Divorce in Pakistan:
Regarding the khula before rukhsati or procedure of divorce in Pakistan cruelty could be felt by close association with spouse by watching different happenings during wedlock and their habits. Mental torture by the husband also would amount to cruelty and want of compatibility, and disharmony of feelings and thoughts could also result in discomfort and hardship to live a harmonious life. Therefore, marriage could be dissolved on the ground of Khula’ even though grounds given in Dissolution of Muslim Marriages Act, 1939, were not proved. S. 2(viii). Suit for dissolution of marriage on the ground of cruelty, nature, and proof is required. Plea of the defendant (husband) was that factor of cruelty as alleged by the plaintiff (wife) was not proved by her as neither she nor any of her witnesses had stated that there was any sign of injury caused by defendant (husband) on the person of the plaintiff (wife) in khula before rukhsati or procedure of divorce in Pakistan.
Matrimonial Matters:
Validity Such a plea itself was indicative of the cruel mentality on the part of the husband. For proof of cruelty, infliction of injury was not the requirement of law in matrimonial matters. False allegations against the wife that she was a woman of bad character were cruelty, which resulted in mental torture and the loss of confidence. In support o the alleged brutality, the plaintiff had produced the witnesses who deposed that the defendant’s husband had been treating the plaintiff in an ill manner in khula before rukhsati or procedure of divorce in Pakistan. After Khula Before Ruksati The Divorce certificate Nadra Pakistan is Required or Not?