Dissolution by khula process in Pakistan:
Advocate Nazia is the best advocate for khula process in Pakistan which results in Nadra divorce certificate through which the marriage is dissolved. The husband taking 3 wives, wife living with her brother for six years no maintenance paid, dissolution of a marriage ordered. The wife leaving husband's house out of fear of torture, no maintenance for 2 years, dissolution ordered. Non-payment of maintenance does not constitute a failure to maintain. The-nature of duty cast upon husband is not being defined in the Act has to be ascertained from general Muhammadan Law on the subject. Failure to maintain enough whether the wife or husband to blame is immaterial. The wife without reasonable cause refusing to live with husband, disobeys his instructions, declining to cohabit with him, not entitled to khula process in Pakistan which results in Nadra divorce certificate.
The maintenance does not cast an absolute duty on the husband to maintain his wife even if the wife herself at fault, a wife without reasonable cause refuses, to go back to husband's house, dissolution refused. Failure on the part of the wife to obey reasonable instructions of her husband and live with him, disentitles her to maintenance. The wife's right to maintenance is not absolute or unconditional. The wife has no absolute right to maintenance. The simplicities do not constitute failure or neglect within the meaning of Section 2 (ii). The wife's conduct not entitling to enforce maintenance, the wife is nevertheless entitled to dissolution of marriage. The wife is entitled to seek maintenance allowance from her husband if she had not refused to live with him without any sufficient reason. Non-maintenance of wife entirely to blame, khula process in Pakistan which results in Nadra divorce certificate not ordered
The Institution of Khula Process in Pakistan:
The husband failed to pay maintenance to the wife for 2 years before the institution of khula process in Pakistan which results in Nadra divorce certificate, the wife is entitled to dissolution on the ground of neglect and ill-treatment. 2 years means an unbroken period. It is immaterial whether failure to maintain is due to poverty, failing health, loss of work or imprisonment, or whatever cause. The wife is entitled to maintenance whether because of the husband's failure or even if the wife contributed to that. The word 'neglect' implies a wilful failure on the part of the husband, the case where the wife or parents are entirely to blame and no blame attaches to the husband would not in case of conduct. Non-performance of marital obligations: Non-performance of marital obligation for 3 years, marriage dissolved. Omission of reconciliation proceeding in khula process in Pakistan which results in Nadra divorce certificate: The challenge to unconstitutional jurisdiction on the technical point that the Family Court had made no effort for reconciliation between the parties after the recording of evidence. The objection is not being seriously urged, the arbitration council is yet to be constituted and chance is still open for reconciliation is no fruitful result will follow if the case remitted to the Family Judie on technical objection, equity was not in favour of the petitioner. Our Law firm in lahore is one of the best and Provide the best solution to our clients on Khula cases.