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Nadra Divorce Certificate In Pakistan:

Right of divorce was exercised by husband and subsequently NADRA divorce certificate in Pakistan was issued. Wife asserted that she was divorced without just and reasonable cause and the NADRA divorce certificate in Pakistan was issued unjustified, therefore, she had claimed damages as were mentioned in Column No. 18 of marriage certificate. Family Court dismissed the suit but Appellate Court allowed the appeal and the suit was decreed in favor of the wife. Right of divorce was exercised by the husband and NADRA divorce certificate in Pakistan was issued, it was therefore, in order to escape the liability of damages, husband was obliged to show reasonable and just cause for exercising that right. No evidence was provided by husband to prove that he had divorced his wife on due to some reasonable and just cause. Appellate Court had rightly held the husband liable under the condition contained in Column No. 18 of marriage certificate however the divorce in Pakistan was valid. Judgment passed by Appellate Court was reasonable, conclusion drawn were based on evidence and were supported by plausible reasoning and did not suffer from any jurisdictional infirmity.

High Court in exercise of revision jurisdiction declined to interfere with the judgment passed by Appellate Court in favor of the wife. Revision was dismissed. Form II, Column 19-Divorce in Pakistan-Restriction on the right of husband to divorce wife-Import, object and Scope. No such restriction is provided by Muslim Family Laws Ordinance, 1961, or under the rules of the law there under but there is also no provision in the law or rules that such restriction is illegal. To preserve marriage contract and to safeguard interest of wife against its unjustified termination by husband, if any stipulation is made in Nikahnama whereby husband agrees to pay some damages in the event of divorcing wife without just cause, such stipulation is neither against Injunctions of Islam nor against public policy.

Unjustified exercise of the right of divorce by husband lends to innumerable social problems for the divorcee and the children who consequently have an adverse impact on the society as well. By imposing such condition, right of divorce of husband is neither taken away nor ins restricted, as husband can still divorce his wife in spite of the condition but in case if husband divorces wife without any reasonable cause or justification he would be liable to pay damages of the amount as agreed so that the destitute divorcee and children may make some arrangement for their food and shelter for the time being. Delegation of right to divorce by husband to wife is within the ambit of law. One of the conditions of the marriage between parties was that husband and delegated the right to divorce wife and entry to that effect was made in Column No. 18 of Nikahnama. Wife in exercise of said right pronounced divorce in Pakistan upon herself for her husband and a notice was sent to Nazim Union Council concerned. Nazim had intimated wife that husband being not ready to pronounce divorce Wife could approach the Court as he could not grant Khula and Nazim sent to case to the Family Court.

Advocate Nazia:                                    

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