Suit for Dissolution of Marriage in Pakistan in form of Divorce or Khula:
Wife filed suit for dissolution
of marriage in Pakistan at Lahore. Subsequently husband filed suit for
restitution of conjugal rights at Rawalpindi. Wife sought transfer of husband's
suit. Husband is not likely to suffer greater inconvenience if husband's suit
is transferred to Court at Lahore. Husband's suit transferred. When Dissolution
of marriage in Pakistan takes place? Where husband says that he has
divorced his wife and the wife denies that she was divorced, the divorce should
be held to take effect from the date upon which the statement was made by the
husband. Dissolution of marriage in Pakistan at Lahore took place eleven months
after the institution of suits by wife, husband instituted suit for restitution
of conjugal rights at Attock. Husband did not move any application for transfer
of suit, so he had to come. Wife instituted three suits including suit for to
Lahore to contest the suits filed by wife. Wife made Lahore.
File Suit for Dissolution of Marriage to Restitution of Conjugal Rights:
Held: It is well-established that
suits for dissolution same party should be tried by one and the same Judge application
for the transfer of suit of husband from Attock took marriage and restitution
of conjugal rights between them and more appropriate place for trial of suit is
the place where wife had instituted the suit, in this view of matter suit for
restitution of conjugal rights withdrawn from the Court at Attock and
entrusted to Court at Lahore before which suit of wife are pending. Suit for dissolution
of marriage in Pakistan filed by wife from her place of residence was different
from place of solemnization of marriage. Suit for dissolution of marriage in
Pakistan can be filed by wife from her place of residence which is different
from place of solemnization of marriage. Family Courts in their matrimonial
jurisdiction was marriage certificate. Only evidence on which matter could be
decided by Family Courts in their matrimonial jurisdiction was marriage
certificate, the basic document of marriage itself. Family Courts while
pursuing their jurisdiction ignored or did not fully give effect to the terms
in that document thus, acting illegally and otherwise than in accordance with law.
Solving the suit by Shariat:
Provision of Ordinance, prima
facie seems to be in conflict with Shariat. These provisions have all along
been given effect to by Courts in absence of proper forum to examine these
provisions in light of Qur'an and Sunnah. Khula decree challenged in writ
jurisdiction with contention that marriage could not be dissolved as wife had
not returned jewellery and dowry given to her at time of marriage. Evidence on
record not showing that wife was in possession of ornaments given to her by
husband so she was not obliged to return the same. Evidence rather establishing
that value ornaments and dowry were still retained by husband. Held Khula
decree was in consonance with law and did not merit interference in writ
jurisdiction on contention raised by1husband/petitioner.
The Result for the suit for Dissolution of Marriage in Pakistan by Family Court:
Dissolution of marriage, suit
for-Wife being lecturer presumed to have married-Agony of wife Decree of
dissolution not to be disturbed in exercise of writ jurisdiction. Wife being
lecturer presumed to have married as free agent and not expected to seek
dissolution within a year. Suit instituted at the age of 27 and prosecuted
litigation quo dissolution for seven years. Order of remand of case, held,
would prolong agony of wife. Decree of dissolution of marriage in Pakistan
should not be disturbed in exercise of writ jurisdiction Article 199. Affirmation
of dissolution of marriage through the ground of Khula can be done. Affirmation
of dissolution of marriage through the ground of Khula challenged in
Constitutional jurisdiction before High Court was considered invalid.
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