Orders in khula and Dissolution of Christian Marriage in Pakistan:
If you need court orders in the case of dissolution of Christian marriage in Pakistan or process of khula in Pakistan you may contact Jamila Law Associates. Interlocutory orders have been kept out of the purview of appeal challenged through constitutional petition would defeat the object as to attain expeditious disposal of the cases.” it would defeat the purposes of keeping Interlocutory orders out of the purview of appeal. If the same were challenged through a Constitutional petition, the object was to attain expeditious disposal of cases of dissolution of Christian marriage in Pakistan or process of khula in Pakistan.
In the Christian faith, wedlock is a bond of permanent nature, yet in judicial separation, the Court is required to determine the controversy according to S.22 of the Divorce Act, 1869. While deciding the relationship of the parties, its statute is to be seen entirely. Under S. 22 of Divorce Act, 1869, desertion of a spouse for two years without reasonable excuse is a valid ground for a grant of decree for judicial separation. In the present case, it is admitted position from both sides that the petitioner (wife) had left the respondent’s house (husband) on 22.11.2011. Serious allegations regarding illicit relations of wife with other men were sufficient proof of mental torture and brutality against wife by the husband before dissolution of Christian marriage in Pakistan or process of khula in Pakistan. Petition for judicial separation was decreed based on cruelty and admitted desertion of the spurs for more than two years without any reasonable excuse.
Case of Cruelty:
It made out a case of cruelty, and mental torture from the nature of allegations and admissions made by the respondent, judgments of Trial Court, and Appellate Court were based on misreading and non-reading of evidence, therefore, not sustainable in case of dissolution of Christian marriage in Pakistan or process of khula in Pakistan. The remedy of civil revision was illusionary as it had not explicitly provided the same in the Divorce Act, 1869.
Process of Khula in Pakistan:
Regarding the dissolution of Christian marriage in Pakistan or process of khula in Pakistan the High Court could exercise constitutional remedy only in exceptional circumstances where no alternate treatment was available. Still, at the same time, it could ignore out neither nature of dispute nor the efficaciousness of alternate remedy rightly. Present was a matter of continuation of the marital relationship. The alternate treatment referred to had not been directly provided in the Divorce Act, 1869, and the limitation period had lapsed. Therefore, the objection regarding the maintainability of the constitutional petition was held to be untenable for dissolution of Christian marriage in Pakistan or process of khula in Pakistan. Jurisdiction of High Court.
Dissolution of Marriage & Maintenance:
Wife obtaining decree for dissolution of marriage dower and maintenance in derogation of rules as ought to be applied, in the circumstances of the case. Interference by High Court to set aside the orders of the Courts below upheld by the Supreme Court. It is not necessary for High Court to substitute its own fining while exercising power under Art 199 of the Constitution, which is supervisory for dissolution of Christian marriage in Pakistan or process of khula in Pakistan While exercising constitutional jurisdiction, High Court has to see if the Tribunal or Court acted without jurisdiction or violated any relevant law statute. High Court in such cases cannot embark upon a reappraisal of evidence as it is the job of Appellate Court to appraise proof.”