DISSOLUTION OF MARRIAGE ON KHULA, RETURN OF DOWER, SECTION 10(5), WIFE IS ENTITLE TO BRING SUIT, KHULA

 


DISSOLUTION OF MARRIAGE ON KHULA

THE WIFE IS ENTITLED TO BRING A SUIT

RETURN OF DOWER

Right to seek and secure divorce by exercising the right of khula by a Muslim married lady is recognized since the advent of Islam. Under Islamic Law, the wife has been given the right to the marital tie broken by a verdict of court if the court reaches to the conclusion that is not possible for the spouses to live within the injunctions as laid down in Holy Quran and Sunnah.

The principles behind this rule is to avoid hateful union. If spouses are trusted upon each other they would not live within the limits ordained by God Almighty.

Khula is a release from the matrimonial bond and right of khula vests in the woman according to the dictates of the Holy Quran.

Jurisdiction vests with the court to determine whether the condition of khula exists in the pleadings or the evidence led by the parties.

Such right purely vests with the woman because if a woman demands the right of khula, she has to return up to fifty percent of her deferred dower or up to twenty-five percent of her admitted prompt dower to the husband.

Fixed hatred and aversion is an unambiguous expression of her intention not to live with her husband haven has been considered to be a valid ground for the grant of khula.


CAUSE OF ACTION:

A wife is entitled to bring a suit for dissolution of marriage in the district of her residence if she establishes that she has been unjustifiably turned out of the house by her husband and is entitled to live apart and to be maintained by him where she resides. If it could be proved that conduct in living apart from the husband is justified and further that the husband has failed to maintain her for two years prior to the institution of the suit, she could legitimately claim dissolution of marriage from the court in the district of her residence as the part of the cause of action would, in that case, be deemed to arise within the district where she has last taken up residence.

RETURN OF DOWER

Khula in fact is a right available to a wife for dissolution of marriage in contradiction to the right of divorce vesting in a husband. Where the disputes differences, in the family life, arise because of an attitude of a wife not acceptable to the husband, the latter has the power to divorce her.

The right of “khula” accrues to a wife for the redress of irreconcilable grievance against her husband.

ACCORDING TO SECTION 10(5) FAMILY COURT ACT 1964

In a suit for dissolution of marriage, if reconciliation fails, the Family Court shall immediately pass a decree for dissolution of marriage through khula, may direct the wife to surrender up to fifty percent of her deferred dower or up to twenty-five percent of her admitted prompt dower to the husband    

law and learning by Nasra ikram

I am an attorney in Pakistan, Practicing law since 2009 and M.A Political Science. I’m a dedicated and experienced lawyer offering my services to assist clients with drafting contracts, agreements, Will, Deed, Cease and Desist letter and others with understanding of complexities of legal requirements, intellectual property, review documents and legal consultation on all types of litigations i.e. Family, Civil, Banking and others I'm also freelancer at Upwork and Fiverr My others skills are: I. Content Writing II. Website Development III. Graphic Designing IV. Virtual Assistance V. Ecommerce VI. WordPress VII. Video Editing VIII. Autocade I'm also tutor and teaches LLB all subjects.

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