Seek Guidance For Claims And Divorce Process in Pakistan

 

Claims and divorce process in Pakistan:

Advocate Nazia in Lahore Pakistan is an expert of divorce process in Pakistan. If the amount stated does not pertain to dower or claims of maintenance, these claims will stay as they are and will not be waived. Maintenance during the waiting period is a claim that arises after the divorce process in Pakistan resulting from khula, but the husband can expressly claim waiver from this in the agreement. Provision of residence during the waiting period also arises after the divorce process in Pakistan, but this cannot be made part of the agreement of khula as it is a right of Allah, and must be provided by the husband irrespective of the agreement.

Freedom After Divorce Procedure in Pakistan:

In its technical sense, the term divorce process in Pakistan without additional stipulations means freedom from all claims arising from the contract of marriage. Thus, payment of dower and past maintenance for the woman is included in this meaning. lf no other amounts are expressly mentioned, the term mubarah used in the contract will mean dropping of all claims of dower and maintenance prior to the contract. The result will be an irrevocable divorce process in Pakistan. Where the term mubarah is used for the contract and the husband stipulates the payment of an additional amount, all existing claims arising from the marriage contract pertaining to dower and prior maintenance will be waived, and the wife will be liable to pay the amount stipulated. Thus, if the husband demands 1000 dinars in a contract of mubarah and an amount on account of dower stands unpaid, the wife is not entitled to such dower amount and will be liable to pay 1000 dinars.

Payment of Dower Amount And Recovery of Dower:

If the dower has been paid in full or in part, the wife will not be required to return the dower amount she took into possession. This rule will apply whether or not the marriage has been consummated. Maintenance during the waiting period is a claim that arises after the divorce process in Pakistan resulting from mubarah, but the husband can expressly claim waiver from this in the agreement. Provision of residence during the waiting period also arises after the divorce process in Pakistan, but this cannot be made part or the agreement of mubarah as it is a right of Allah, and must be provided by the husband irrespective of the agreement. It is to be stated here that the statement in Mulla's Code, $319(3) that When the aversion is on the side of the wife, and she desires a separation, the transaction is called khula.

What is Mubarat?

When the aversion is mutual, and both the sides’ desire a separation, the transaction is called mubarat has no legal basis in traditional Islamic law."The offer may be made by the wife or the husband, likewise the acceptance. The Meaning Attributed to Khula by the state We may quote Rashida Patel to give the background due to which changes have been made through case law and statute that affect the traditional law of khula. She says: "The husband usually refused to grant Khula to the wife and in order to defeat this right, the husband claim huge compensation for Khula, often making false allegations of having given the wife huge sums in the shape of jewellery and property and even claiming the property in the name of the wife as belonging to him. This placed a lot of strain on the judges for such cases required heavy sifting of evidence thus leading to lengthy procedures."