The West Pakistan Family Courts Act 1964 under Section 5 has empowered the family courts to deal with the matters of Dissolution of Marriage by way of Khula, Recovery of Dower, Dowry Articles, Maintenance, Restitution of Conjugal Rights, Costody of Children, and Guardianship.
Khula is a way of separation in which a woman can dissolve her marriage through a Family Court. The woman in such has to surrender her rights such as dower amount and if it is already paid to her, she has to give dower amount to her husband,.
Grounds for Obtaining Khula Decree
The Dissolution of Muslim Marriage Act 1939 under section 2 empowers a woman to terminate her marriage on following grounds:
- That the husband is missing for a period of four years;
- That the husband fails to provide maintenance for a period of two years;
- That the husband is awarded the imprisonment for a period of seven years or upwards;
- That the husband fails to perform his marital obligations without any reason for a period of three years;
- That the husband is impotent at the time of marriage and continues to be so;
- That the husband is insane or is suffering from leprosy or any virulent venereal disease for a period of two years;
- That the husband treats his wife cruelty, habitually assaults her or makes her life miserable, forces her to lead an immoral life;
- That the husband is dispossessing her from her legal rights;
- That the husband obstructs her from practicing religion;
- That the marriage was solemnized by her father or other guardian at the time of her childhood with or without her consent.
- Any other ground which is recognized as valid for the dissolution of marriage by way of Khula.
Where is Khula Application Filed?
Khula application may be filed in the family court of the area where the woman ordinarily resides.
Separation (Hindu religion)
The procedure to dissolve the marriage varies in various Hindu School of thought. In Hindu religion the wife and husband can be separated after filing Petition for Separation under Hindu Marriage Act 1955, the wife or husband may file this Petition for separation on the ground which are stated under section 10 of Hindu Marriage Act 1955 that the Petitioner is treated cruelty by Respondent, the respondent has voluntary sexual intercourse with any person other than his or her spouse and they areisolated without any reasonable cause for a period of not less than two years. The condition(s) could be that the husband or wife converted into some other religion or have an unsound mind that would inevitably lead to the petitioner not being expected to live with the spouse, or the respondent suffers from other serious mental illness or unsound mind.
Hindu Marriage Act 2017 provides rights for Hindu Women, if the husband gets second marriage and the first wife still live so the wife can file Petition for Separation. The Hindu women are allowed to get separation if the husband commits the crime of bigamy.
In Hindu Religion the wife or Husband may file Petition for Separation praying for decree for judicial separation before the Civil Court to get Judicial Separation from each other,Hyder Shar Law Associates provides and takes such matters to plead before the courts of law.
In Christianity the wife or husband can be separated after filing Petition for Separation under Section 22 of Divorce Act 1869.The wife or husband may file this Petition for separation on the ground (s) that the Petitioner is being treated cruelly by Respondent or they areisolated without any reasonable cause for a period of not less than two years or have an unsound mind that would inevitably lead to the petitioner not being expected to live with the respondent, or the respondent suffers from other serious mental illness or unsound mind.
In Christianity the wife or Husband may file Petition for Separation praying for decree for judicial separation before the Civil Court to get Judicial Separation from each other and such decree has effect of Divorce.
In Christian Judicial Separation the Court Order is similar to Divorce under which the couple remains legally married but their normal marital obligations cease and they have to no longer live together. If the couple after the judicial separation decides to live together so they have to apply for Judicial Separation to be rescinded by the concerned Courts; Hyder Shar Law Associates provides and takes such matters to plead before the courts of law.
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