Difference Between Khula and Divorce:
There is no difference between khula and divorce for procedure of divorce in Pakistan except that divorce is filed by male and khula is filed by female in family court. The wife claimed dissolution of marriage on the grounds of cruelty, non-payment of maintenance allowance, and non-performance of marital obligations for difference between khula and divorce for procedure of divorce in Pakistan.
Maintenance:
If the husband did not provided maintenance for two years or he was unable to perform, without reasonable cause, his marital obligations for three years, the then-wife was entitled to a decree of dissolution of marriage. In the present case, it had not completed a period of non-payment of maintenance and non-performance of marital debts. Therefore, the wife was not entitled to dissolution of marriage on said grounds for difference between khula and divorce for procedure of divorce in Pakistan.
Allegation of Cruelty:
The wife had failed to prove the allegation of cruelty through cogent and convincing evidence as her witnesses did not support her claim, nor she produced medical evidence regarding violence. Statements of the husband’s witnesses revealed that he had done his best to settle his wife, but she was not ready to live with him. The wife had even recorded her statement wherein she categorically deposed that she did not want to live with her husband.
Trial Court:
The trial court had rightly appreciated the parties’ evidence and passed the decree for dissolution of marriage on the ground of ‘khula’ in consideration of dower. Appeals were dismissed. Appellant Z, a Muslim converting to Christianity-Appellant’s marriage with her husband, held, dissolved automatically, and appellant free to marry again irrespective of difference between khula and divorce for procedure of divorce in Pakistan.
Procedure of Divorce in Pakistan:
Regarding the difference between khula and divorce for procedure of divorce in Pakistan Appellant later re-embracing Islam and marrying one R-Appellant producing evidence establishing such marriage-Marriage not required to be proved beyond all reasonable doubt and a mere preponderance of probability sufficient-R deceased having acknowledged appellant as his wife in civil litigation and oral evidence as well as circumstances of the case also supporting appellant’s claim, appellant, held, wife of deceased R and her children born out of wedlock with dead. Non-payment of dower can be contested for difference between khula and divorce for procedure of divorce in Pakistan.
Non-payment Dower:
Non-payment of dower by husband makes wife entitled to live apart from her husband till her dower is paid, and during such period, the husband becomes bound to pay her maintenance, even though she is living apart from him. When the wife succeeds in establishing the ground of cruelty and non-maintenance for a sufficiently long time during the subsistence of the marriage, she becomes entitled to dissolution of marriage.5 [as amended by Marriage Functions (Prohibition of Ostentatious Displays and Wasteful Expenses) (Amendment) Act (IV of 2006)].
Constitution of Pakistan:
Constitution of Pakistan (1973), Art 199 Constitutional petition is accepted. Prohibition of ostentatious celebrations and prohibitions on Wasteful Expenses, Cognizance of offense is taken for difference between khula and divorce for procedure of divorce in Pakistan. Cognizance of an offense under Ss.3, 4 & 5 of Marriage Functions (Prohibition of Ostentatious Displays and Wasteful Expenses ) Ordinance, 2000 could be taken on the complaint in writing by the. Committee or the authorities mentioned in S.7 of the Ordinance. None else, except for the persons mentioned in S.7 of the Ordinance, could complain.
