Present Khula and Divorce Procedure in Pakistan:
Table of Contents
To know the present divorce procedure in Pakistan or khula procedure in Pakistan, you may contact Jamila Law Associates. The Way of Divorce in Pakistan is very easy in the light of Divorce Law in Pakistan. Now Follow the Easy Divorce procedure in Pakistan & Procedure of Divorce in Pakistan for dissolution of marriage in Pakistan. Little living with his mother since birth and had developed love and affection for her Disturbance in Custody at this stage would psychologically tell upon his personality in the future under the divorce procedure in Pakistan or khula procedure in Pakistan.
Mother Birth:
No substitute for a birth mother. The lap of the mother was the cradle of God. Remarriage would not disentitle her from retaining the custody of the mother, ipso facto minor. The poverty of the mother was no ground to disentitle her from the control of the child. Islamic law was subservient to the welfare of the child. The petition was allowed, Application of Father for custody of minor was dismissed.
Custody of Minor:
Mother applied for custody of minor daughter staying with the Father while Father moved an application for custody of minor daughter staying with the mother. Both the applications for custody of minor daughters were dismissed concurrently under the divorce procedure in Pakistan or khula procedure in Pakistan. Guardian Court had emphasized upon the statement of minor daughter who was 11 years of age. Both the courts below had committed illegalities while relying upon the statement of the minor daughter, which was recorded on oath.
Guardian Court:
Guardian Court was not competent to record the statement of a minor on oath who was not a witness and was in a position to appreciate the legal implications on the divorce procedure in Pakistan or khula procedure in Pakistan. Minor was neither a witness nor she could be cross-examined by the other party. The minor daughter was mentally poisoned against her mother. Poisoning the mind of a minor against her mother or Father was itself a disqualification to retain the custody of the minor.
Khula Procedure in Pakistan:
No one under the divorce procedure in Pakistan or khula procedure in Pakistan could be a better guardian and custodian of a minor than the birth mother. The financial status of Father did not give him any preference over the mother. Father was solely responsible for catering to his children’s needs irrespective of their place of residence or custody. The togetherness of minor children could not be bifurcated, and their welfare had to be considered. Impugned judgments passed by the courts below were suffering from misreading and non-reading of evidence on the divorce procedure in Pakistan or khula procedure in Pakistan. Both the courts below had committed the miscarriage of justice.
Impugned judgments:
Impugned judgments passed by the courts below were not sustainable in the eye of the law, which was set aside, and application for custody of minor daughter moved by the mother was accepted. Father has been directed to hand over the custody of the minor daughter to the mother, and Guardian Court was directed to arrange a fortnightly schedule of the meeting of the minor daughter with her father. it accepted the constitutional petition in the circumstances of the divorce procedure in Pakistan or khula procedure in Pakistan. The welfare of the minor was the supreme object which had to be kept into consideration while deciding a case of guardianship and custody of the ward.
