Dissolution of Marriage in Pakistan and Grounds - Nazia Law Associate

Dissolution of Marriage in Pakistan and Grounds:

Nazia Law Associates in Pakistan deals with the cases of dissolution of marriage in Pakistan which results in Nadra divorce certificate. The appeal by wife for dismissal of the suit on the plea of Khula misreading of the evidence. The High Court issued direction in the light of law highlighted by the High Court. The observation of the Courts below that sister of the husband married to the brother of the wife and leading a happy life, marriage of wife could not be dissolved based on dissolution of marriage in Pakistan which results in Nadra divorce certificate is highly erroneous, case remanded. No possibility or any compromise, marriage should have been dissolved by the Family Court on the ground of Khulaa10  31. Appeal (1) In case of decision of the Family Court appeal lies to the District Court and District Judge can transfer it to the Additional District Judge. The appeal lies to the High Court where the case is decided by the District Judge as Family Court. The Family Court dissolving the marriage in case of dissolution of marriage in Pakistan which results in Nadra divorce certificate by ex parte decree, application for setting aside ex parte decree dismissed order appealable. Interlocutory orders and decision for order of summoning of Witnesses is not appealable.

Dissolution of Marriage in Pakistan on the Ground of Option of Puberty:

Section 2 (vii) of the Dissolution of Muslim Marriages Act, 1939 states: — That she, having been given in marriage by her father or another guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of 18 years.  Under the W. P. Family Courts Act, 1964, for the word "fifteen", the word sixteen is substituted.  Court-Fee: The Court-fee to be paid on any plaint filed before a Family Court shall be Rs. 15 for any kind of suit.  Limitation: No limitation is required. Decree for dissolution of marriage in Pakistan which results in Nadra divorce certificate on the ground of option of puberty, no limitation prescribed for obtaining such decree. This is a technical right and its requirements are (i) marriage must have been performed during minority, (ii) the marriage has not been consummated, and (iii) the marriage was repudiated between 16 to 18 years. By the exercise of the option of puberty marriage ceases and must be treated as having never taken place.

The marriage having been entered before age of 16 years, steps for repudiating the same come upon attainment of 16 years as a minimum without going for proof of puberty'  The concept of repudiation was akin to maturity where the contract of a minor girl was entered into by her father or guardian, for undoing the same the female has to be sui in matrimonial sense, Consummation before puberty : (1) The consummation before puberty or by force is no consummation in the eye of law and option of puberty may still be exercised.  (2) Where the consummation has taken place before puberty, the girl is empowered to dissolve the marriage by the exercise of her right of option of puberty before 18 years in case of dissolution of marriage in Pakistan which results in Nadra divorce certificate. Co-habitation before puberty does not end exercise of her right of option of puberty. In Our Law Firm in Lahore, we can work on the Dissolution of Marriage in Pakistan.

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nawazraza Joined: December 14th, 2020