Divorce Khula and Haq Mehar:
To conduct the procedure of divorce in Pakistan or khula and haq mehar you may contact Jamila Law Associates. For Khula in Pakistan, U need to know the Easy & Short Khula Procedure in Pakistan & Khula Process in Pakistan. ADV Jamila Ali is the Complete Sonerio of Khula Pakistani Law for the Females. The time spent obtaining copies of the impugned order is not the requisite time spent obtaining copies. In an application to set aside, ex parted the same cannot be allowed under S. 12(2) of the Limitation Act, 1908.24.Wife seeking recovery of maintenance and dower in a written statement in procedure of divorce in Pakistan or khula and haq mehar.
Suit For Recovery:
The obligation of the husband to pay dower, Whether wife required separate suit for recovery of maintenance and dower Petitioner/husband contended that wife in her written statement in a family suit could only claim marriage dissolution. Respondent/wife contended that no separate suit was required for her claims of recovery of dower and maintenance allowance of a minor. Validity. Under subsections (1a) and (1b) of S.9 of the Family Courts Act, 1964, either party could submit their claim in a written statement in procedure of divorce in Pakistan or khula and haq mehar.
Dissolution of Marriage:
Merely specifying the word dissolution of marriage, including Khula, would not mean that wife could claim only such reliefs in her written statement. Still, the word "including family Courts Act, of 1964 would enlarge its scope, and the wife was not supposed to file a separate suit for maintenance allowance of minor, etc.
Instead, it claims it could join all such in the written statement. Words used in the concluding part of subsection (1b) were also very relevant, which supported the wife's case, i.e., "shall be deemed as a plaint and no separate suit shall lie for it," and it further strengthened. In the procedure of divorce in Pakistan or khula and haq mehar was obligatory upon the husband, which was the wife's entitlement to consider the marriage.
Procedure of Divorce in Pakistan:
Regarding the procedure of divorce in Pakistan or khula and haq mehar on contracting second marriage without the permission of first wife or Arbitration Council, Husband became liable to pay the entire dower amount either prompt or deferred. No illegality or infirmity having been noticed in the impugned judgment passed by the Appellate Court, Constitutional petition was dismissed accordingly." used in S.9 (1b) written statement. Provisions of S. 9(5) postulate that if the defendant fails to appear on the date fixed by Family Court, the Court should proceed ex parte. However, the defendant appears on an adjourned hearing date or before such hearing and assigns good cause for his previous non-appearance. It should hear him in answer to the suit of procedure of divorce in Pakistan or khula and haq mehar.
Provision of Family Court:
Another view is the provisions of the W.P. Family Courts Act. One thousand nine hundred sixty-four rules framed there under nowhere authorize Family Court to strike off the defendant's defense on non-filing his written statement. An order striking off a defense is illegal and without jurisdiction. The latter view does not conform to the law and the mandate of the Humble Supreme Court. The husband participated in the proceedings but did not file a written statement as directed. The Family Court is competent to strike off the husband's defense and pass a decree to recover to recover the dower amount in procedure of divorce in Pakistan or khula and haq mehar. Under Section 9 of West Pakistan Family Courts Act, 1964 defendant is bound to appear before Family Court himself to file a written statement. His attendance cannot be dispensed.
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