Issuance of Khula and Talaq Form in Pakistan:

If you need any assistance in issuance of talaq form in Pakistan or khula procedure in Pakistan you may contact Jamila Law Associates. Only after a Talaq has been pronounced that machinery under section 7 can be put in motion. The Talaq should not be invalid. Before passing any order, it has to be prima facie ascertained whether talaq form in Pakistan or khula procedure in Pakistan is valid or not. If on the face of it, it is invalid, then in that even the Chairman should not issue a certificate.” Husband giving notice of Talaq to Chairman Arbitration Council who issued notice to the wife.

Talaq:

The Talaq was made effective by the Chairman, who held, the Chairman has no jurisdiction to issue a certificate declaring effectiveness or otherwise of divorce. Valid divorce can only affect the fulfillment of the conditions laid down in Section 7i of the Family Laws Ordinance, 1961. Even if the marriage of petitioner with deceased predecessor-in-interest of parties took place before the expiry of iddat period, at best, such marriage was irregular but not void.

Certificate After Talaq:

Chairman Arbitration Council issued a certificate of the effectiveness of talaq form in Pakistan or khula procedure in Pakistan before the demise of predecessor-in-interest of parties. Therefore, irregularity (if any) in a marriage of petitioner with predecessor-interest of parties stood Cured. Respondents were to prove before Civil Court that petitioner’s marriage with deceased predecessor-in-interest of parties was not valid or she was not one of the legal heirs of deceased.  Filed by them was decreed, the petitioner could not be deprived of her share in the legacy of the deceased.

Khula Procedure in Pakistan:

Regarding the talaq form in Pakistan or khula procedure in Pakistan the mere fact that Trial Court allowed petitioner’s application for issuance of succession certificate was not in any manner prejudice or had any adverse effect on a suit for declaration instituted by respondents. If respondents succeed in their suit, they would then be in a position to apply for revocation of the order granting a succession certificate. High Court set aside order passed by Lower Appellate Court and restored that of Trial Court. The revision was allowed in the circumstances.  23.  Failure of reconciliation in talaq form in Pakistan or khula procedure in Pakistan.

Family Court:

Family Court is required to pass a decree of dissolution of marriage immediately and restore husband Haq Mehr (dower) paid in consideration of marriage at the marriage if reconciliation failed. Family Court had no option except to pass a preliminary decree when reconciliation had failed, particularly when the wife clearly stated that she was unwilling to continue the marriage and the union had become hateful in talaq form in Pakistan or khula procedure in Pakistan. It could compel no party to live with the other even if there were Compatibility issues only.

decree of Khula:

The husband himself stated in a written statement that the decree of Khula could be passed immediately subject to payment of dower amount.  Form of Talaq. The object of notice is to communicate to the wife. Chairman concerned the fact that husband had dissolved the marriage so that it could undertake proceedings for reconciliation.”

Originally posted 2022-04-16 10:30:29.