Best Female Lawyer For Khula Procedure in Pakistan

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Right of Wife to Get Khula in Pakistan: Khula in Pakistan is the right of wife as per Pakistani law. Divorce in Pakistan by the way of talaq is the right of husband. Distinction between the two is that Khula in Pakistan is a form of dissolution of marriage for a consideration to be paid by wife, where a Qazi or Judge decides the same to be a fit case for divorce in Pakistan. Where a wife has developed such dislike or aversion that she cannot live with husband under any circumstances and pays consideration to him for the same, then she has a right to approach the Court to obtain khula in Pakistan from her husband. Divorce in Pakistan has been disdained by the Holy Qur'an to a very high degree. Divorce, pushed into the male dominated society, is woven into multiple vices, social and economic, including an indelible stigma to haunt her for whole of her life and instances are not wanting when a female, driven to a state of penury, with no one to look after, may have to barter her soul for her body. Islamic Point for Khula Talaq as Khula procedure: Talaq is Arabic word which means undoing of or a release from knot. Text of the Holy Qur'an on the subject and sayings and doings of the Prophet are refreshingly 'modern and rational but rigid approach and individual disbelief have shut the door of reason. Husband announced divorce thrice to his wife, same becomes operative according to Hanafi Sect. 3 Khula' and "Mubaraat"-Distinction. Mutual decision of the parties is Khula in Pakistan. Circumstances, in the present case, showed that dower was left by the wife in lieu of khula. Where the Chairman, Arbitration Council had determined the quantum of maintenance to be paid by the husband without any proof of his income, High Court modified the judgment and decree passed by the Chairman accordingly. Under the Muslim Law there are three kinds of divorce in Pakistan:(i) Talaq-i-ahsan;(i) Talaq-e-Hasan; and(ii) Talaq-i-biddat. Some Rule and Condition About Different Fiqah for Talaq: The former is pronounced once during a Tuhr followed by abstinence from sexual intercourse for the period of lddat. The latter is three pronouncements simultaneously divorce becomes irrevocable according to paragraph 312 of Muhammadan Law by the Mulla after the period of lddat in the case of Talaq-i-ahsan and on the completion of third pronouncement irrespective of the period of lddat in the later case. Since the Talaq in the later case becomes irrevocable at once, it is known as Talaq-i- bain schools of thought on triple Talaq are Fiqah Jaffaria does not recognize it valid; Malikies also share the same views Shafies also share the same view, Hanblies recognize triple divorce as one, if marriage is consummated and it pronounced in a particular form. Some Initial Rules For Talaq which are required: Marriage had been dissolved consequent upon an incident of about one year ago when her husband out of anger uttered the word Talag published in the daily Bangla bazar Patrika on 2-12-2000 stating that Sahida, wife of Saiful was forced to marry her husband's paternal cousin on a so-called fatwa given by Hazir Azizul Huq that her marriage had been dissolved consequent upon an incident of about one year ago when her husband out of anger uttered the word Talaq but thereafter continued their married life whereupon suo motu Rule was issued. Dissolution of marriage by uttering the word Talag once or twice at the same time is against the Injunction of the Qur'an and the Hadith as well as invalid in law under S. 7 of the Muslim Family Laws Ordinance and such type of Talaq is rightly called as Talaq-ul-Biddat or heretical divorce and hence the marriage between Saiful and Sahida was not dissolved and that if it is taken for the sake of argument that the marriage was dissolved, even then there was no legal bar for Sahida to remarry Saiful without an intervening marriage with a third person and as such the Fatwa in question is wrong.

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