File Divorce or Khula Without Reason:
The wife cannot file khula without reason in the procedure of divorce in Pakistan and you can also discuss the issue with 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 wife could not ask for her dower before rukhsati. When the husband had divorced his wife before consummation, he had to pay half of the dower, but the said principle was not applicable when before consummation wife was asking for a dower and filing khula without reason in the procedure of divorce in Pakistan.
Wife Before Consummation:
Wife before consummation was not entitled to ask for the dissolution of marriage on the grounds provided in S.2 of Dissolution of Muslim Marriages Act, 1939. The wife was not allowed to dower before rukhsati and valid retirement. No basis existed for the wife to ask for the dissolution of marriage in the circumstances. When parties were not ready to settle and live their lives by Islam, their marriage was dissolved based on Khula. The constitutional petition was allowed, in the circumstances.
Rukhsati:
Rukhsati having not been affected, Family Court conditionally dissolved the marriage and passed a decree for a half dower in favor of the wife filing khula without reason in the procedure of divorce in Pakistan. The wife would be entitled to the whole dower upon consummation of marriage or death of the husband and valid retirement.
The wife could not ask for her dower before rukhsati. When the husband had divorced his wife before consummation, he had to pay half of the dower. Still, he said principle was not applicable when before consummation wife was asking for dower Wife before consummation was not entitled to ask for the dissolution of marriage on the grounds provided in S.2 of Dissolution of Muslim Marriages Act, 1939.
Procedure of Divorce in Pakistan:
For khula without reason in the procedure of divorce in Pakistan the wife was not allowed to dower before rukhsati and valid retirement. No basis existed for the wife to ask for the dissolution of marriage in the circumstances. Impugned judgments passed by the court below were against the law. When parties were not ready to settle and live their lives by Islam, their marriage was dissolved based on Khula. The constitutional petition was allowed, in the circumstances. S.2. Family Court decreed the suit for dissolution of marriage filed by the wife against the husband based on Khula and consideration of Khula was found to be the house which husband purchased in the wife's name as her dower.
Family Court:
Family Court held that the husband would be considered the owner of said house. The wife assailed judgment, and decree passed by Family Court through appeal, but it dismissed her request that it was not maintainable to file khula without reason in the procedure of divorce in Pakistan.
Appeal:
The appeal was not available in a case of an order for dissolution of marriage except in case falling under cl. (d) of Item, No. (vii) of S.2 of Dissolution of Muslim Marriages Act, 1939, but a present case of wife did not fall in the said category. Family Court, having attached a condition whereby a house given by the husband to wife in consideration of her dower had also been adjudicated upon, the decree of dissolution of marriage was not attraction need through request in the present case.
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