Final Divorce Procedure for Overseas Pakistani:

If you need a final divorce procedure for overseas Pakistani or process of khula in Pakistan, you may contact Jamila Law Associates. This exchange has ensured that no cruelty shall ever exist on the part of the husband, according to the judge, and therefore any claim made by the wife of ill-treatment must be dismissed. The second was that the wife’s refusal to live with her husband was unreasonable. Upon questioning, she said that she had demanded a separate residence from her husband as he was to take a second wife. When the judge on divorce procedure for overseas Pakistani or process of khula in Pakistan approached the husband, he responded that he had no money to provide her with another home.

Second Wife:

It is not required in Islam for a husband to provide a new home for his second wife, especially if he cannot afford it, and therefore the wife’s refusal to move into her husband’s home has no basis. The third and final round was that the wife had no right to khula as she when making her initial statements to the lower courts, did not acknowledge that she was willing to give up part of her dower. As has been seen elsewhere in this dissertation, the forfeiture of the wife’s dower is the critical element of all divorce procedure for overseas Pakistani or process of khula in Pakistan cases, and, therefore, the judge saw no seriousness in her claim to khula. 

Judge Decision:

As was mentioned above, the key to understanding the judge’s decision was the influence of local cultural circumstances. The High Court Judge, although fully aware of the previous cases and their impact on the development of the law, felt that the presence of the exchanged marriages between the two families and the dynamics of their rural background rendered the case outside the realm of judicial intervention.

Process of Khula in Pakistan:

Regarding the divorce procedure for overseas Pakistani or process of khula in Pakistan the mechanisms for solving the problems of the marriage were already in place, and therefore an intervention into the realm of khula was unnecessary. Had he chosen to do so, the judge could have implemented khula without any further interpretive effort, as the precedent already existed. His choosing not to, therefore, reflects the importance of local custom and seems to have little to do with any affiliation or reverence to the ‘ulamā.’ The wife then appealed to the Supreme Court of Pakistan on divorce procedure for overseas Pakistani or process of khula in Pakistan and challenged the interpretation of the High Court.

Different Circumstance:

In her opinion, the circumstances of the case were not the deciding factor, and the question should be posed to the highest court in the land as to whether the legal changes undertaken by the judiciary in the case should now apply to her situation. The court agreed with her proposal, granting her judicial khula and accepting the foundations of the ruling on divorce procedure for overseas Pakistani or process of khula in Pakistan. The court also sent the case back to the family court with regard to the final payment required by the wife to finalize the khula.