Effect of khula and Dissolution of Marriage in Islam:
If you wish to know the legal effect of process of khula in Pakistan or dissolution of marriage in Islam you may contact Jamila Law Associates. Plaintiff cannot take any instance over and above the pleadings. His conduct stops him from taking a u-turn. Under the sub-rule (b) of Rule 3 of the Rules framed under Muslim Family Laws Ordinance for process of khula in Pakistan or dissolution of marriage in Islam, such notice of talaq ‘is given to the Chairman of where the wife was residing Talaq’ is at the relevant time pronounced.
Notice of Talaq:
Copy of the notice of talaq sent to Mirpur Khas held of no legal effect, the wife not being resident of that area. Failure certificate issued by Chairman Arbitration Council Mirpur Khas, not by the rule as such declared illegal.2 To determine the jurisdiction of Family Court, the word “ordinary resides must be construed in the context of an estranged wife who had left her husband above and had sought a place of her own choice. Copy of not to determine record, neither proved nor exhibited.
Technical rules of the Evidence Act would not result in term to apply to a proceeding before Family Court for process of khula in Pakistan or dissolution of marriage in Islam. The court is bound to note material lying on its record in Connection with a question of real controversial parties. The order passed by the Chairman growing concurrence of members of the Arbitration Council or dissent by any of them, whereas unnoted the decision of the Arbitration Council is to be taken by a majority; such choices are improper, illegal, and liable to be set aside.
Process of Khula in Pakistan:
Regarding the process of khula in Pakistan or dissolution of marriage in Islam admittedly, the husband did not submit an application seeking permission to enter into another marriage, as required by subsection (2) of s. 6 Muslim Family Laws Ordinance, 1961 read with R. 6(2) of the [Punjab] Rules made under the Muslim Family Laws Ordinance, 1961. Therefore, the Arbitration Council was not constituted, let alone one that could have granted him the requisite permission. Husband had disregarded the law and must suffer its consequences.
The first wife had not given her consent for the second marriage as she submitted a complaint against the husband and testified in court for process of khula in Pakistan or dissolution of marriage in Islam. Husband swears on oath to aver that his wife gave her permission for him to contract another marriage. Ingredients of the offense under S. 6(5) (b) of the Muslim Family Laws Ordinance, 1961 thus stood established. Supreme Court observed that the husband was lucky as the Trial Court had treated him very leniently in punishment by sentencing him to imprisonment.
Only one month as he could have been imprisoned for up to a yes-framed Muslim Family Laws Ordinance, 1961, are part of the Ordinance. The Chairman Arbitration Council is bound to issue notice to the husband before maintaining maintenance to the wife. husband is neither heard nor properly served before passing of such ex parte order, such an order suffers from severe legal infirmity and as such liable to be set aside in case of process of khula in Pakistan or dissolution of marriage in Islam.’ It may be noted that subsequent hearing in maintaining an alleged defect in service.”